By not responding to the request to determine the equivalence of grades obtained in Croatia in relation to grades in Montenegro, and in order to exercise the right to a scholarship, the Ministry of Education violated the right to answer of a Novlja woman, the institution of the Protector of Human Rights and Freedoms found.
"The defender reminds that all the authorities that act are obliged to solve on the basis of the law and other regulations, and that when conducting the proceedings they are obliged to be efficient and to enable the parties to protect and realize their rights and legal interests as easily as possible. The Ministry was obliged to act on the appeal of the student from Herceg Novi in a timely manner," states the opinion signed by the Deputy Protector. Snezana Mijušković.
She adds that the Ministry's inaction in a situation where such action is prescribed and necessary is an example of bad administration, which, she points out, is irregular and illegal.
The complainant applied for the Herceg Novi Municipality scholarship competition and, since she is studying naval science in Croatia, her average is not on the same evaluation scale as in Montenegro. She received a message from the Municipality Secretariat to personally contact the person for higher education and request the equivalent of grades at the then Ministry of Education, Science, Culture and Sports, because the said Secretariat received the equivalent grade of 8.86, which significantly lowers her achieved average.
She addressed the Ministry electronically, but did not receive an answer. Only an oral conversation was held with representatives of the Ministry, but she did not receive a written answer. Then she was informed that the equivalent of grades is done on the basis of faculty - by comparison, and that her faculty does not exist in Montenegro where comparison cannot be made.
The Institution of the Protector did not receive answers to the requests for statements and five urgent requests to the Ministry.
Mijušković gave a recommendation to the Ministry that in future actions it should act in accordance with the principles of good administration, but also in accordance with the Law on the Protector of Human Rights and Freedoms and submit the requested statement so that they are not forced to initiate misdemeanor proceedings against the responsible person in the department.
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