Prof Zaharom seeks judicial review of decision to remove him as Malaysian Qualifications Agency chief

3
579 views

Update: The decision will be on 12 November.

The Kuala Lumpur High Court on Wednesday, 7 October 2020, will hear an application from Prof Zaharom Nain, chair of the Malaysian Academic Movement (Gerak), for a judicial review of a decision by the Ministry of Education to reverse his appointment as the chief executive officer of the Malaysian Qualifications Agency.

The judicial review application in Professor Zaharom Bin Nain v Menteri Pendidikan Malaysia & Agensi Kelayakan Malaysia (WA-25-118-03/2020) was filed by Prof Zaharom to seek orders against the decision in respect of the revocation of his appointment and the breach of his legitimate expectation to be emplaced in the position. Prof Zaharom also seeks damages as a result of these decisions.

Prof Zaharom’s claim is premised on letters issued by the respondents that stated that the education minister had appointed him to the position of CEO of the Malaysian Qualifications Agency pursuant to Section 21 of the Malaysian Qualifications Agency Act 2007.

However, Prof Zaharom’s appointment was subsequently revoked due to alleged changes in the federal government’s policy not to extend the appointments of retired public servants on a contract basis and, further, that the Public Service Department had not agreed to the appointment.

Prof Zaharom argues that the conduct of the respondents in refusing to emplace him in the position of CEO of the MQA is bad in law. This is because, amongst others, Prof Zaharom had not been given a right to be heard prior to the revocation of his appointment and that the revocation of his appointment was a breach of his legitimate expectation that he be emplaced in the office of the CEO.

READ MORE:  Stop obsessing over university rankings

The hearing for the judicial review is scheduled for 3pm on Wednesday, 7 October 2020 before Judge Ahmad Kamal Md Shahid at the Jalan Duta High Court, 4th floor, right wing, Bahagian Rayuan dan Kuasa-kuasa Khas.

Thanks for dropping by! The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.

Our voluntary writers work hard to keep these articles free for all to read. But we do need funds to support our struggle for Justice, Freedom and Solidarity. To maintain our editorial independence, we do not carry any advertisements; nor do we accept funding from dubious sources. If everyone reading this was to make a donation, our fundraising target for the year would be achieved within a week. So please consider making a donation to Persatuan Aliran Kesedaran Negara, CIMB Bank account number 8004240948.
Subscribe
Notify of
guest
3 Comments
Newest
Oldest Most Voted
Inline Feedbacks
View all comments
loyal malaysian
loyal malaysian
8 Oct 2020 3.12am

I salute you, Prof. Rom.
I wish you all the best,
Finally someone is taking this backdoor govt. to court for its unfair action.
I can only assume your appointments as the CEO of the Malaysian Qualifications Agency predates the backdoor govt.’s power grab.

Using this reason for the revocation “due to alleged changes in the federal government’s policy not to extend the appointments of retired public servants on a contract basis” is to open up a can of worms.
In open court and in a fair court, it will be interesting to know how many such appointments had been made since this backdoor govt. took power.

What is not stated, and more crucial is the fact that the good Prof. is an Aliran executive member?

Jason Chan
Jason Chan
7 Oct 2020 5.16pm

Prof, do update us on the outcome of the hearing.

J. D. Lovrenciear
6 Oct 2020 10.05pm

Prof I pray you emerge victorious in this land of manipulations.