Bangkok: The Supreme Administrative Court has overturned a prior ruling, mandating the acceptance of a lawsuit filed by Clinical Professor Dr. Saran Boonbaichaiyapruk concerning the qualifications of the commissioners of the National Broadcasting and Telecommunications Commission (NBTC).
According to Thai News Agency, Dr. Saran's lawsuit challenges the decision made by the Selection Committee for the NBTC, which determined that he possessed a prohibited characteristic under Section 8 (2) of the Broadcasting, Television and Telecommunications Commission Act B.E. 2553 (2010). The decision was based on Dr. Saran's continued employment as an hourly paid physician at Mahidol University, which the committee claimed made him an employee of a government agency, thus disqualifying him from holding the position of NBTC commissioner.
The Supreme Administrative Court's decision to overturn the Administrative Court of First Instance's dismissal of the lawsuit came after a thorough review of the case. The court found that the Selection Committee's ruling violated procedural requirements and that Dr. Saran had appropriately submitted evidence of his resignation from his prior roles to the Senate President within the specified timeframe. Despite this, the committee argued that his continued work up until April 12, 2022, constituted a waiver of his rights.
The court ruled that the case involved an unlawful act by a government official and highlighted the impact of the decision on Dr. Saran's rights and duties. The decision mandates that the Selection Committee conduct a new selection process, excluding Dr. Saran from participating. The ruling also emphasizes the need for continuity in the provision of public services in broadcasting, television, and telecommunications, which should not be disrupted by administrative decisions.
Following the court's ruling, Dr. Saran expressed his acceptance and respect for the judicial process, stating that he had always acted in accordance with the law and prioritized the best interests of the nation. He called for unity within the NBTC and urged all members to set aside their differences to work together efficiently.
Dr. Saran emphasized the focus should now be on enabling the NBTC to perform its duties effectively and address important tasks to prevent any negative impact on the public and the nation. He encouraged all NBTC members to collaborate, respect differing opinions, and prioritize the interests of the people and the country, reinforcing that the day should be viewed as a step forward for the organization rather than a victory or defeat for individuals.