Legal Problems of the Order from the Director of the Council for Peace and Order (NCPO)

Abstract

Legal Problems of Order No. 37/2560 from the Leader of the Council for Peace and Order (NCPO) consist of 3issues.  The issue of the status of the Order No. 37/2560 from the Leaderof the Council for Peace and Orderas a “law” has causes the exemption, modification,suspension or creation the mechanism parallel with existing law(Teacher Civil Service and Educational Personnel Act, B.E. 2547 (2004)).Therefore the Order from the Leader of NCPO has the purpose to dismiss the 180-day valid time limitfor those who areacting president of university and to establish limitless time period for the acting president during the selection or appointment process. The order is effective fromthe date of announcement, namely August 8, 2017.

The study showed that the order was confusing and lacked clarity about the exemption ofthe Teacher Civil Service and Educational Personnel Act, B.E. 2547 (2004)as well as raising a question whether retired government officer was an outsider irrespective ofcivil officer or university officer and able to hold the office of President of university or not.

The author agrees with the Lower Administrative Court (Administr ative Courtof Nakhon Ratchasima) which issued a judgment that those who holdthe office of university presidentunder the Teacher Civil Service and Educational Personnel Act, B.E. 2547 (2004) shall not be over 60 years of age.