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Meslek yüksekokulu kadrolarında, yabancı dil şartı, 70 olarak belirlenebilir mi?

Meslek yüksekokulu kadrolarında, yabancı dil şartı, 70 olarak belirlenebilir mi?

Üniversiteler tarafından iş akademiyi bünyesinde bülten edilen öğretim misyonlusu kadrolarında dil koşulu 70 olarak tanımlanamaz!

SUAL:

Sivas Bilim ve Teknoloji Üniversitesi tarafından 20 Kasım 2019 günü bülten edilen Sivas İş Akademiyi Motorlu Vasıtalar ve Eriştirme Teknolojileri Bvefatı Uçak Teknolojisi programında 70 yabancı dil koşulu aramıştır. Tüm üniversiteler iş akademilerinde yabancı dil koşulu aramazken bu üniversite öğretim misyonlusu kadrosunda 70 puan koşulu aramasının legal takviyeyi var mıdır?

YANIT:

Bilindiği üzere, devlet ve vakıf yükseköğretim müesseselerinde bülten edilen öğretim misyonlusu ve araştırma misyonlusu kadrolarına müracaat etecek adaylarda aranan genel ve özel koşullar ile muafiyetler, 09 Kasım 2018 tarihli Resmi Gazete’de yayımlanan “Öğretim Abonesi Dışındaki Öğretim Personeli Kadrolarına Yapılacak Soymalarda Uygulanacak Merkezi İmtihan ile Giriş İmtihanlarına Ait Usul ve Temeller Hakkında İdaremelik”te tertip edilmiştir.

Mevzubahisi idaremelikte GENEL KOŞULLAR;

-657 rakamlı Devlet Memurları Yasasının 48 inci maddesinde belirtilen koşulları taşımak,

– ALES’ten en az 70, Yükseköğretim Heyeti tarafından kabul edilen merkezi yabancı dil imtihanından en az 50 puan veya eşdeğerliği kabul edilen bir imtihandan bu puan muadili bir puan almış olmak,

Biçiminde yer almıştır.

Aynı idaremelikte Öğretim Görevlisi kadrolarına müracaat etecek adaylarda ÖZEL KOŞULLAR olarak;

-Öğretim misyonlusu kadrosuna müracaat etecek adaylarda en az tezli yüksek lisans derecesine sahip olmak veya lisans ve yüksek lisans derecesini beraber veren programlardan mezun olmak,

– İş akademilerinin Yükseköğretim Heyeti tarafından tanımlanan uzmanlık alanlarındaki öğretim misyonlusu kadrolarına müracaat etecek adaylarda en az tezli yüksek lisans derecesine sahip olmak ya da lisans mezunu olup dokümanlandırmak kaydıyla alanında en az iki sene deneyim sahibi olmak,

Adaylarda, yabancı dille eğitim ve öğretim yapılan programlardaki öğretim misyonlusu kadrolarına yapılacak soymalarda atama yapılacak programın eğitim dilinde; bilim alanı yabancı dille alakalı kadrolara yapılacak öğretim misyonlusu cetmeleri ile 4/11/1981 tarihli ve 2547 rakamlı Yükseköğretim Yasasının 5 inci maddesinin birinci fıkrasının ı bendi uyarınca gerekli yabancı dil dersini vermek üzere öğretim misyonlusu kadrolarına yapılacak soymalarda alakalı dilde; yükseköğretim müesseselerinin beynelmilel ilişkiler ile yabancı dille alakalı uygulamalı ünitelerinde istihdam edilecek öğretim misyonlusu cetmelerinde, en az bir dilde Yükseköğretim Heyeti tarafından kabul edilen merkezi yabancı dil imtihanından en az 80 puan veya eşdeğerliği kabul edilen bir imtihandan bu puan muadili bir puana sahip olmak,

Olarak tertip edilmiştir.

Değişik taraftan, mezkür idaremeliğin “Muafiyet” başlıklı 14 şöhretçi maddesinin ikinci fıkrasında; “İş akademilerinin, bu İdaremeliğin 6 ncı maddesinin dördüncü fıkrası kapsamındaki öğretim misyonlusu kadroları haricindeki öğretim personeli kadrolarına yapılacak müracaatlarda yabancı dil koşulu aranmaz.” tertip etmesi yer almaktadır.

KAPAT [X]

Yukarıyada yer verilen mevzuat kararları beraber değerlendirildiğinde;

– Kadronun bülten edildiği iş akademiyi programlarında yabancı dil koşulu aranmasının istisnai vaziyetinin idaremeliğin 6 ncı maddesinin 4 şöhretçi fıkrasında tertip edildiği,

– Buna göre; iş akademiyi bünyesinde yabancı dille eğitim ve öğretim yapılan programlardaki öğretim misyonlusu kadrolarına yapılacak soymalarda atama yapılacak programın eğitim dilinde Yükseköğretim Heyeti tarafından kabul edilen merkezi yabancı dil imtihanından en az 80 puan veya eşdeğerliği kabul edilen bir imtihandan bu puan muadili bir puana sahip olmak koşulu aranacağı,

– Dolayısıyla, Sivas Bilim ve Teknoloji Üniversitesi tarafından Sivas İş Akademiyi Motorlu Vasıtalar ve Eriştirme Teknolojileri Bvefatı Uçak Teknolojisi programında yabancı dille eğitim öğretim yapılması halinde yabancı dil koşulunun aranabileceği, ancak bu koşulun idaremelik gereğince 70 yerine 80 olarak tanımlanması gerektiği,

Değerlendirilmektedir.

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