The Administrative Cases regarding the Age of State University President

Abstract

On 31 August 2017, the Administrative Court of Nakhon Ratchasima released the judgement Black Case Bor. 11/2560, Red Case Bor. 31/2560. It held that the Rector of Buriram Rajabhat University must not be older than 60 years old. However, the Central Administrative Court subsequently held that the Rector of Thepsatri Rajabhat University, in the Black Case Bor. 97/2560 Red Case Bor. 229/2560, and the Rector of Rajamangala University of Technology Suvarnabhumi, in Black the Black Case Bor. 150/2560 Red Case Bor. 230/2560, can be older than 60 years old. Likewise, the Administrative Court of Khon Kaen held that the Rector of Maha Sarakham Rajabhat University can be older than 60 years old.

However, on 9 July 2018, the Supreme Administrative Court held in the Black Case Or. 19/2556 Red Case Or. 651/2561 that the Rector of Kanchanaburi Rajabhat University cannot be older than 60 years old. This judgement provoked a wider debate in the academic community. It divided the public opinions. As the disagreement has persisted that has affected the administration of the higher education institutions which are government bodies, a thorough study of this issue concerning the maximum age of the rector of higher education institutions which are government bodies is needed. Those institutions include state universities which are members of the Council of University Presidents of Thailand, Rajabhat Universities group, Rajamangala Universities group as well as autonomous universities under the state supervision. The study is conducted mainly through research of judgements of Administrative Courts, legislation establishing those universities, Act on the Administration of Civil Servants in Higher Education Institutions B.E. 2547, Orders of the National Council for Peace and Order No 37/2560 on the Resolution for the Administration of Educational Institutions dated 8 August 2017 and other relevant laws, in order to answer the question as to whether the rector of those universities can be older than 60 years old and justification for the answer.