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ข้อมูลกฎหมาย/กฎ คำพิพากษา คำสั่งของศาลปกครองสูงสุดในรูปแบบดิจิทัล
Unlawful Order to Not Score an Examination
Unlawful Order to Not Score an Examination

The Plaintiff’s mobile phone inside his bag, which was placed outside an examination room, continuously rang about 10 times while he was taking an examination for entry to the Doctor of Medicine program. As a result, the Defendant No.2 did not score the Plaintiff’s test paper providing that he violated the Rule of the Consortium of Thai Medical Schools on Examination which requires an examinee to turn off his or her mobile phone or other communication devices. The Administrative Court held that the Plaintiff complied with the Rule. He powered off his mobile phone but the sound ringing from his mobile phone was an alarm which he set to study. The Plaintiff could not use the mobile phone while he was taking the exam since the mobile phone was 20 - 25 meters away from the examination room. Although, the Rule provides that if it is found that there is a sound or a communication signal, or there is incompliance with the Rule, it is deemed that there is an intention to cheat an examination and the exam will not be scored, it was not an absolute presumption which could not be proved otherwise. The Defendant No.2 exercised its discretion inconsistent with the legal purpose and exercised its power without considering facts along with other circumstances. The order not to score the examination was unlawfully issued by the Defendant No.2. The Supreme Administrative Court affirmed the decision of the Administrative Court of First Instance to revoke the order of the Defendant No.2 not to score the examination for entry to the Doctor of Medicine program in the year of 2011.




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ปรับปรุงข้อมูลเมื่อ : 9 ก.ค. 2564, 13:06 น. | กลับขึ้นด้านบน |