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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

• Harmonising the public interest, which is the purpose of all activities of the
administration, in line with the personal interests of natural and legal persons to
a certain extent and thus achieving a fair and lawful outcome,
• The requirement that the administration pay attention to the purpose, scope and
limitations of the regulation on which it is based in its activities as well as being
fair and conscientious.
Case Study

The Decision of the Ombudsman Institution dated 28/04/2017 and application no.
2017/2171. The applicants applied to our Institution for not having been admitted to
the exam premises and not having been allowed in the building on 12/03/2017 with the
justification that they were late according to the exam rules determined by the Centre
for Assessment, Selection and Placement, stipulating that “Admission of the candidates
in the building shall be completed 15 minutes before the start of the exam. Candidates
shall not be admitted to the exam premises after 09.45 a.m.”. The applicants demanded
a relief for their aggrievement from the Ombudsman Institution.

As a result of the evaluation made based on the principle of proportionality, the
Institution came to the conclusion that the rule of having to be present in front of
the exam building 15 minutes before the start of the exam was “convenient” in terms
of meeting the aims of the administration; however, the sanction that candidates who
are present in front of the building between 9.45 and 10.00 “shall not enter the exam
building” did not provide the elements of “necessity” and “proportionality” and that
the intervention on the right to education through an administrative sanction was not
proportionate; therefore, this sanction was unlawful and unfair.

The administration was recommended to help the applicants, who were aggrieved
because of not being allowed in the exam building although they were present before
the start of the exam, by reconsidering the rule of being present in front of the exam
building 15 minutes before the start of the exam and to act proportionately in the event
that similar radical decisions are made for future exams and to thoroughly inform the
candidates and their families through the means of communications and media.
THE ABSENCE OF ABUSE OF POWER

The absence of abuse of power means that powers granted with the decision-making
authority must be exercised solely for the purposes for which they have been conferred
by law, in accordance with the public interest and public service requirements and
without any personal, political or similar motivations.

This principle stimulates the following:

• The administration shall use its powers for the purposes for which they have
been conferred upon by law;

2019 ANNUAL REPORT 49