|Discretionary Power in Discharge of Vice-Dean in State University|
The Dean of faculty has fully power of administration and management in the faculty and power of nomination of Vice-Dean candidate to the Rector of Kasetsart University for approval in order to assist in faculty management. And,
the Dean is entitled to exercise discretion to nominate any person as he thinks fit to be Vice-Dean and to discharge Vice-Dean from the position due to distrustfulness.
If it is evident that there are other persons who are more appropriately qualified and beneficial to the interest of the faculty of Business Administration and Kasetsart University than the Plaintiffs, the Defendant No.1 by advice of the Defendant No.2 is authorized to exercise discretion to appoint such person to be Vice-Dean pursuant to Sections 28, 29, 31 of Kasetsart University Act B.E. 2541 (1998). In addition, the Defendants’ order discharging the Plaintiffs from their position due to distrustfulness is not considered as punishment. Also, the cause of distrustfulness is not necessary to come from specific or general act and behavior of the Plaintiffs; it could be caused by various acts or circumstances as a whole. The order of the Defendants discharging the Plaintiffs from Vice-Deans was lawful and not under Sections 30 and 37 of the Administrative Procedure Act B.E. 2539 (1996).