Rights and Duties of Teachers and Educational Personnel under Administrative Law

Abstract

This academic article examines the rights and duties of teachers and educational personnel within the framework of administrative law. The study analyzes the legal status of teachers as “state officials,” whose responsibilities must be performed in accordance with the rule of law, the principle of legality of administrative actions, and the doctrines governing state and official liability. The analysis is based on a review of relevant legal instruments, including the Teacher and Educational Personnel Civil Service Act B.E. 2547 (2004), the Administrative Procedure Act B.E. 2539 (1996), the Act on Liability for Wrongful Acts of Officials B.E. 2539 (1996), and the Official Information Act B.E. 2540 (1997), together with selected precedents of the Supreme Administrative Court of Thailand.

          The findings indicate that the rights of teachers and educational personnel encompass a range of entitlements within the public personnel administration system, including appointment, promotion, performance evaluation, and transfer. These processes constitute exercises of administrative authority and must therefore be conducted in accordance with the principles of legality, fairness, and transparency. Where administrative decisions are unlawful or unjust, affected individuals are entitled to seek legal remedies through administrative appeals or by filing a case before the Administrative Court for judicial protection. At the same time, teachers and educational personnel bear important duties to comply with statutory regulations, administrative rules, and lawful orders issued by their superiors, while maintaining discipline, integrity, and adherence to the professional code of ethics governing the teaching profession. Furthermore, jurisprudence of the Supreme Administrative Court reflects core principles of administrative law particularly that public personnel administration must remain subject to judicial review under the doctrines of legality and proportionality. These rulings affirm that the exercise of administrative discretion must balance the interests of public administration with the protection of the rights of state officials. Consequently, the legal framework governing the rights and duties of teachers serves as a crucial mechanism for maintaining equilibrium between the exercise of state authority and the protection of individuals performing public educational functions. Such a framework ultimately contributes to a system of public administration that is transparent, fair, and consistent with the principles of good governance in a modern state.