INTERPRETATION OF THE CENTRAL ADMINISTRATIVE COURT ACCORDING TO THE ORDER OF THE SUPREME SANGHA ASSOCIATION WITH THE PRINCIPLE OF FREEDOM OF EDUCATION UNDER THE CONSTITUTIONAL LAW

Abstract

This research was a qualitative research, which aimed to collect the two significant points of the rights and freedom of education of monks and novices. The first point, Judgment of the Central administrative court No. 349/2013 by order of the Sangha Supreme Council of Thailand  in case of  the novices and monks were prohibited in further studies at the barrister level was not in accordance with the Constitution. The results of the research revealed that all the previous constitutions of Thailand stipulated that all people had equal rights and freedoms in education and the restrictions on the freedom of education should not be done. Therefore, the judgment of the Central administrative court referring to the order of the Sangha supreme council of Thailand  limited the rights and freedom of education of monks and novices who were considered as individuals in society and inconsistent with the provisions of the Constitution, causing inequality in education. The second point, interpretation of the judgment of the Central administrative court No. 349/2013 was not in accordance with the principles of freedom of education and inconsistent with the National Education Act B.E. 2542 that inconsistent with the present educational guidelines. The determining that forbidding monks and novices to study professionally in schools or places mixed with male and female clergy and the discussion of the Thai bar under the royal patronage  to the department of religious affairs lack of proper reason and inconsistent with reality in the education system. At present, monks and novices could study at the higher education level with mixed classes of men and women in many institutions that corresponding to interviews with monks and novices studying law courses in many higher education institutions, it could be seen that the promotion and support to allow monks and novices to study at the higher education level now, unlike in the past, which was trapped in restrictions on the suitability of traditions, therefore, this judgment of the Central administrative court about  the order was against the freedom of education. The researcher suggested that the order of the Sangha supreme council of Thailand should have been amended to modernize the present world to be consistent with the constitutional principles on rights, liberties and equality in education and the monks and novices should be able to study in Institute of Legal Education of the Thai Bar as well as study at the Master's degree or Ph.D.