Recommendation to Principal of Tbilisi Apolon Kutateladze Academy of Arts concerning Lawfulness of Competition

On July 3, 2017, the Public Defender of Georgia addressed the Principalof Tbilisi Apolon Kutateladze Academy of Arts (LEPL) with a recommendation to annul the result of the competition in relation to Luiza Laperadze and to make a new decision after thorough examination of the case.

Luiza Laperadze took part in the competition announced for vacant academic positions at the Department of Fine Arts of Tbilisi State Academy of Arts. By the decision of a relevant commission, the application submitted by Luiza Laperadze, as well as the applications of seven other candidates, was fully compatible with the requirements. However, Luiza Laperadze was refused to take a position at the Academy due to her non-collegial behavior, which would not have a positive impact on the educational process. The commission also took into consideration the fact that the applicant had filed a suit against the Academy in the past and challenged the results of the competition held in the Academy. It should be noted that positive decisions were made with regard to all other seven candidates whose applications were fully compatible with the competition requirements.

The Public Defender found that the negative decision made in relation to Luiza Laperadze by the
Academy was not properly studied or justified. In particular, it is unclear what was implied in Luisa Laperadze’s non-collegial behavior that would negatively affect the educational process. In addition, the reference to the applicant’s dispute against the Academy in the protocol should be negatively assessed as it creates an impression that the fact played a significant role in making the negative decision against her. It is inadmissible the disputes against administrative authorities to have a negative impact on making similar decisions.

Consequently, the Public Defender considers that the unjustified decision of the commission substantially violated Luiza Laperadze's legitimate right and interest to take a position of Assistant Professor at the Academy of Arts. Thus, the Public Defender considers that there is a ground for annulling the decision made against Luiza Laperadze.

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