Rejection of an open appointment request is a disappointing situation for many candidates who want to work in public institutions. In this case, candidates can seek their rights by filing an objection and annulment lawsuit.
In this blog post, we will examine the details of the process of filing an objection and annulment case if an open appointment request is rejected.
Topics:
What is Open Appointment?
Reasons for Rejection of Open Appointment Request
What is a Petition of Objection and How to Write It?
What is a Cancellation Case and How to File It?
Required Documents in Cancellation Case
What Could Be the Results of the Case?
Useful Resources Regarding Objection to Rejection of Open Appointment Request and Cancellation Case
What is Open Appointment?
Open appointment is a method that enables the recruitment of civil servants or contracted personnel to public institutions or organizations affiliated with public institutions. Open appointment exams are held in accordance with the General Regulation on Appointment to Public Offices.
Reasons for Rejection of Open Appointment Request
Rejection of open appointment requests may be due to various reasons. The most common of these are:
Insufficient score
Not meeting the necessary conditions
Missing application documents
Misrepresentation found
The preferred position is not vacant
What is a Petition of Objection and How to Write It?
Candidates can submit their objections by writing an objection petition against the rejection of their open appointment request. The objection petition must be submitted to the competent authority within 60 days from the date of notification of the rejection decision.
The following information should be included in the objection petition:
Name surname
Turkish Identity Number
Institution and staff applied for
Date and number of the rejection decision
Grounds for objection
Required documents and evidence
Date and signature
What is a Cancellation Case and How to File It?
If the rejection decision is not reversed despite the objection petition, candidates may take legal action by filing a lawsuit for annulment. An annulment lawsuit is filed in administrative courts and the litigation process takes an average of 1-2 years.
In an annulment case, the illegality of the transaction in question must be proven. To prove this, the documents and evidence contained in the objection petition must be added to the case file.
Required Documents in Cancellation Case
The documents that must be submitted in the annulment case are:
petition
Photocopy of the rejection decision
Photocopy of the objection petition
Photocopies of application documents
Other evidence and documents
What Could Be the Results of the Case?
In an annulment case, the court examines whether the rejection decision is in accordance with the law. If the court finds the rejection decision to be lawful, it rejects the case. If it finds it unlawful, it cancels the rejection decision and decides to make an appointment.