KDK Warning to MoNE: Staff Quota Cannot Prevent Health Excuse
The Ombudsman Institution ruled in favor of a teacher who requested an assignment to Denizli due to her father's health condition, but was directed to different provinces based on the staff quota justification.
A physical education teacher working in Isparta applied to the Ombudsman Institution after her request for assignment to Denizli was rejected due to the health excuse of her father, who has a hospital report.
Rejection of the Assignment Request and the Process
The physical education teacher working in Isparta requested an assignment due to the health condition of her father, who lives in Denizli and cannot sustain his life without someone else's help.
Upon the administration's rejection of the request citing insufficient staff quota, the teacher resorted to legal channels and initially obtained a cancellation decision from the administrative court.
Direction to Different Provinces and Ombudsman Application
Despite the court decision, the teacher was assigned to Afyonkarahisar instead of Denizli, and when she won the lawsuit she filed, she was this time directed to Istanbul or Gaziantep, which were unrelated to her excuse.
Following these grievances, the teacher carried the issue to the Ombudsman Institution to continue seeking her rights and initiated the official process.
KDK Decision and Legislation Evaluation
In its decision, the Ombudsman Institution clearly emphasized that the right to life and health, guaranteed by the constitution, is of vital importance.
In line with the relevant legislation and judicial decisions, it was stated that relocations based on health excuses should be exempt from staff quota restrictions.
Recommendation Made to the Ministry of National Education
Stating that the administration cannot restrict constitutional rights with excuses such as staff quota fullness, KDK decided to accept the application.
The institution issued an official recommendation to the Ministry of National Education for the teacher to be assigned to the province of Denizli, which is the center of her excuse, and stipulated a 30-day notification period.