MERIT SYSTEM PROTECTION COMMISSION FORM FOR THE UNIVERSITY OFFICERS

Abstract

The Constitution of the Kingdom of Thailand, B.E. 2560 (2017), establishes the principle of governance based on the rule of law, requiring the state to ensure that laws regarding personnel management in state agencies comply with the merit system. Universities, as state agencies, are governed by university councils, which have the authority to issue laws related to appeals and grievances. As a result, the laws are diverse, discriminatory, and unjust, violating the principle of the rule of law. This research aims to study the appeals and grievance processes under the Civil Servant Regulations in Higher Education Institutions and the laws related to the establishment of universities in specific areas, comparing them with the appeals and grievance processes under the Civil Servant Regulations. This is a qualitative research study that focuses on legal documents, literature, and in-depth interviews with 10 administrators and staff members randomly selected from universities in the studied areas. Additionally, 25 administrators and staff members were included in focused group discussions. The findings reveal that universities in the studied areas have appeal and grievance bodies within each university, with committee members drawn from individuals within the university. As a result, these committees are under the authority of the administration, which is the very body involved in the appeals and grievances. This creates a significant conflict of interest, preventing fair consideration of administrative matters related to appeals and grievances. In contrast, appeals and grievances of civil servants are reviewed by the Merit System Protection Committee, which is an independent body consisting of selected members who meet specific qualifications and have no conflicts of interest. Therefore, this research proposes amendments to the relevant laws and suggests creating a Merit System Protection Committee for university staff as an independent and impartial body, ensuring greater fairness and security in the appeals process.