By Boldnews.al
Eight students from the Department of ORL-Ophthalmology at the Faculty of Medicine in Tirana, represented by lawyer LedioBraho, have won the trial for the repetition of the diploma exam.
The decision of the Administrative Court of Appeal entitles students who have submitted a series of points which show the lawfulness of the diploma protection procedures. (Download decision)
The whole story began due to problems of competence between the Dean of the Faculty of Medicine and the Head of the Department of the ORL – Ophthalmology.
Initially, students applying for diploma protection were notified for the exam on 14.04.2015. They appeared on this date to pass the diploma exam, but saw in the commission that there were 2 lecturers, the Head of the ORL Department of Ophthalmology Prof. PajtimLutej and Dr. IlirArapi.
The students abandoned the hall by saying that the commission was abnormal because 5 specialists in the field had to be present. The students raised concerns about the presence of Prof. PajtimLutaj, whose presence in the commission constituted an open conflict of interest, as he insisted that it was precisely that competent authority as for the composition of the commission, as well as for the drafting of theses and their correction, leaving no possibility student appeal.
Found under these conditions, Prof. PajtimLutaj sets another exam date, that of 24.04.2015, while students are notified with a sms. Again, the student-plaintiffs were again presented for the exam, but again there were 2 pedagogues in the Commission, again violating the regulation.
To oppose this illegality repeated in two exams, the students are addressing the Dean where they asked for the commission to be established according to the rules and setting a third date for the exam.
The Dean’s response is through the deputy. Dean Ariel Como, who states that the dates 2 exam dates set by the Department of ORL-Ophthalmics have not been approved by the Dean and are therefore invalid.
In the face of this situation, the Head of ORL-Ophthalmology Department, Prof. PajtimLutaj declares through a suspicious record that the students were not presented at all on the two examination dates.
After that, the students sent some papers asking for the development of the Diploma Protection Exam under the terms set out in the University Regulations.
But students have not received any response, forcing them to initiate a court case represented by lawyer LedioBraho.
In conclusion, the First Instance Administrative Court decided to grant ORL-Ophthalmic students the right. The Court notes that the Head of ORL-Ophthalmology Department, Prof. PajtimLutaj did not have the power to set an exam date or reappraisal. According to the court, this is decided only by the Dean of the Medical Faculty.
The Faculty of Medicine has appealed this decision, but the Administrative Court of Appeal did not change its attitude by giving it again to the students.
Prof. PajtimLutaj, who lost the legal battle with the students, turns out to be a candidate for the Dean at the Faculty of Medicine in Tirana.
