Allameh Tabataba’i University Strategic Recommendations for  Administrative Bodies

Allameh Tabataba’i University Strategic Recommendations for Administrative Bodies

Examination of the Legal System (Laws, Regulations, and Judicial Precedent) of Scholarships in Iranian Administrative Law

Author
Department of Public and International Law, Allameh Tabataba'i University
Abstract
The legal system governing academic scholarships in Iran—particularly during the ninth and tenth administrations—faced a massive wave of scholarship grants followed by widespread revisions, revocations, and numerous lawsuits in the Court of Administrative Justice due to extensive changes in the procedures of the Ministry of Science and the Organization for Student Affairs. This situation demonstrated that the existing legal framework—based on the Law on Dispatching Students Abroad (1985) and its executive bylaws—fails to align with modern higher education developments and administrative complexities, while excessive reliance on annual directives increases the potential for conflicting interpretations and policy shifts. Key areas of contention include converting foreign scholarships to domestic ones, replacing examinations with interviews, the absence of clear lists of required fields in certain years, non-compliance with criteria such as age and GPA, scholarship recipients' employment during their studies, and disagreements over the legal nature of scholarships (bilateral commitment versus unilateral privilege). Furthermore, the challenge regarding the jurisdiction of the Court of Administrative Justice to hear cases in the face of decrees issued by the Supreme Council of the Cultural Revolution constitutes a focal point of legal conflict. Proposed strategies emphasize a thorough legislative revision, limiting scholarships to exceptional cases based strictly on scientific criteria, prohibiting the conversion of foreign scholarships to domestic ones, and establishing a public transparency mechanism through the publication of scholarship lists and resumes to curb corruption and enhance accountability.
Keywords