Mr. Counselor / Vice President of the State Council and President of the Administrative Judiciary Court (Education Department)
For your Excellency the student / ........................ and the resident ..................... ...................- Cairo . And his chosen place has been chosen by the institution "Dar Al Qanoon Group for Advocacy, Arbitration and Training, represented by Professors / Rami Saeed Tawfiq and his fame (Rami Al-Sejini) - Tamer Adel Mahmoud Al-Sharshaby (and his fame is Tamer Al-Sharshaby) - Hani Adel Mahmoud Al-Sharshaby (known as Hani Al-Sharshaby) - Muhammad Ali Hassan - Ibrahim Sayed Nair and his fame (Ibrahim Nair) - Mahmoud Ali Radwan and his fame (Mahmoud Al Batouri) - Ibrahim Abdel Rahman Al Feki - Wadyan Numan Mustafa - Muhammad Khaled Mahmoud - Mahmoud Abdel Wahab Abdel Halim Al Mahamoun, located in 3 A Hob El Din Street - Al Sefarat Neighborhood - Nasr City - Cairo.
Against
Prof. Dr. / President of Helwan University (in his capacity)
Prof. Dr. / Dean of the Faculty of Law / Helwan University (in his capacity)
And each of them shall be declared their legal residence, which is the General Administration of Legal Affairs at the headquarters of Helwan University / Ain Helwan / Cairo
Subject
The student has completed the second semester exam of the diploma examinations for the Law of the Graduate Studies Department at the Faculty of Law at Helwan University for the year ........... / ..........
The result of the private law diploma exams for the student / ......................... appeared, and she was surprised that she got 11 in the subject of insurance with deepening (the elective course) despite her success In all other subjects and with high grades, and since this degree obtained by the appellant in the subject ..................... with depth does not match the response of the contestant, I have grieved from the result of the semester The second on the date set for submitting grievances on 7/21/2019 and registered with No. (31) and I waited for the response from the Faculty of Law / Helwan University, but they did not respond, which makes the decision to announce the result of the Private Law Diploma void
The reason for the appeal
First: - The error in correction, which led to the error in monitoring
That the student took the exam in the aforementioned subject, the performance of not less than 90% as expected for her answers in the exam, which confirms the contestant’s entitlement to obtain higher grades, which was given to her in the hope that she will obtain success in the first semester, then the second semester, then obtaining a master’s. In a ruling by the Supreme Administrative Court on Appeal No. .............. for his age ............ A Supreme Court sits on 8/31/2007 what was stated on me (and all that he owns The administrative judiciary in this process is to investigate that all the student’s answers to the required questions have been corrected and graded, and that the grades awarded to the student were properly collected and monitored without any error in the process of collecting the grades granted to the student and monitoring them all properly without a mistake in The process of correcting and assessing the degree of the answer was carried out without the administration being abusing its authority or abusing its use when performing this process)
Second: - The Faculty of Law / Helwan University did not respond to the appellant's requests
She complained about the result of the second semester on the date set for submitting the grievances and waited for a response from the Faculty of Law, University of Helwan, but it was not answered, which makes the decision to announce the result to the Special Law Diploma invalid, and for that the appellant requests the Administrative Court to use the license granted to her in Article 135 of the Evidence Law In civil and commercial subjects promulgated by Law 25 of 1968 and assigning an expert in the conflict by two of the teaching staff of the aforementioned subjects at the Ministry of Higher Education and their mandates to assess the contestant's answer from the technical point of view and to assess the grades due to her honestly and fair to each question in accordance with the rules and instructions regulating the process of correction. And after referring to the pamphlets of the contested answer, the result of which is attached to the case file, and the committee may take what is necessary to perform the task entrusted to it.
In terms of the Supreme Administrative Court jurisdiction has been conducted on
(I have to say that experience is the technical advice that the judge can seek in terms of proving issues that I have no knowledge of and which he cannot decide on. Whether medical, engineering, mathematical or otherwise. Other than the legal issues that fall within the scope of his competence and expertise, it is not permissible to assign An expert on it, and the State Council’s judiciary has been conducted since the dawn of his days to resort to expertise, considering that the expert’s opinion in all cases is advisory and it is not obligatory for the judge to take it in whole or in part or reject it entirely)
Appeal No. 1743 for the age of 26 BC in its session 4/18/1987
As for the request for a stay of execution
Whereas, regarding the request for the judgment to suspend the implementation of the contested decision, the appellant response is required pursuant to Article 49 of State Council Law No. 47 of 1972 that his claim is based on serious reasons with which the ruling is likely to cancel the contested decision and that the implementation of the decision is an arrangement Irreversible results
In terms of the aspect of seriousness - Article 197 of the Universities Organization Law promulgated by Law No. 49 of 1972 stipulates that “every college or institute affiliated with the university shall issue an internal regulation by a decision of the Minister of Higher Education after taking the opinion of the college or institute council and the university council and the approval of the Supreme Council of Universities And the organization of the internal regulations, in addition to the issues specified in the law and in the executive regulations, the following issues in particular
- Detailed conditions for obtaining degrees, academic certificates and diplomas from the college or institute
- - The study decisions and their distribution to the years of study and the hours allocated to each of them
- - The rules for exams in the college
Whereas, the decision issued to announce the results of the exam is nothing more than a final administrative decision that issues the culmination of a set of composite decisions and procedures that are practiced in accordance with the legal rule that is issued in application thereof, starting from correcting the answer and assessing the appropriate degree to the application of the controls and guarantees imposed by the rules, regulations and instructions specifically for the center The legal requirements for the student to apply the rules of welfare, facilitation and compensation that the competent authority is obligated to apply in implementation of the rule of law and the general organizational rules for the work of the exam, which are sealed with a decision to announce the result, which is an explicit positive decision that establishes a new legal center is to consider the student successful or fail and determine the level of success approved for him and its arrangement for other successful and influential The result of success and derived from laws and regulations, such as the student's entitlement to a degree of honor in the concerned matter (Fatwa No. 471 dated 05/29/2002 File No. 58/1/95) and in the same principle Appeal No. 165 for the year 42 BC session 1/30/2000
Whereas, in light of the above and when was the apparent evidence of the papers, and to the extent necessary to settle the urgent part of the lawsuit, and without prejudice to the origin of the cancellation request, the implementation of the contested negative decision constitutes serious damages to the contestant that cannot be realized in the future, and the papers and facts were the two pillars of seriousness and urgency. According to the case law, it is likely that the contested decision will be canceled when the lawsuit is considered objectively
As this is the case, the appellant urges the demand, in an urgent capacity, to stop the implementation of the contested decision regarding its failure to apply the rules of fair correction.
Therefore
In terms of that the plaintiff aims his lawsuit to seek judgment
First: - Accepting the case in form
Second: - Stopping the cancellation of the results of the diploma in private law and the judiciary again, and as an urgent matter to delegate a committee of experts from another faculty of law to re-correct the insurance subject while delving into the second semester exam for the year .... / ......... with exclusive guarantees The appellant in the aforementioned subject must obtain the grades that he will be entitled to, to the appropriate extent
Third: - In the matter of stopping the implementation and canceling a decision announcing the result of the Diploma in Private Law / Faculty of Law / Helwan University for the academic year ........ / ........... with the consequences of that and the most important of them As a matter of urgency, to re-correct and monitor the degrees of the contesting through a committee of experts delegated from the Faculty of Other Law, with the implementation of the judgment issued in its original draft without informing the administration and obligating the expenses with the respondent being obligated to pay the expenses and in return for a lawyer.
Stabbing her person