The final judgment of the Wang Li case rejected the appeal of the education department.
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The "Monocular" Tragedy of Female Teachers
Wang Li is a monocular visually impaired person. She became a kindergarten teacher around 2008 because of blindness in her right eye caused by optic nerve disease. According to Wang Li, around 2008, there was no hard and fast rule about whether teachers should hold kindergarten teacher qualification certificates. After 20 12, the management of preschool education began to be strict. According to the relevant requirements of textual research, she spent two and a half years studying in a pre-school education major in a junior college, and later signed up for the examination of kindergarten teacher qualification certificate and passed the written test and interview.
But what I didn't expect was that there was something wrong with the physical examination. On July 20 15, I went to Yiwu Hospital of Traditional Chinese Medicine to take the physical examination of teacher qualification certificate. In the vision examination item of the physical examination form, because Wang Li only has vision in one eye, the doctor wrote "unqualified" in the doctor's signature column of the physical examination form. Later, she received a phone call from Yiwu Education Bureau: the medical examination failed and the certification failed.
In order to get the teacher qualification certificate, Wang Li applied to the Yiwu Education Bureau for issuing the kindergarten teacher qualification certificate, but the Yiwu Education Bureau replied that according to Article 13 of Chapter III of the Measures for the Implementation of Teacher Qualification Regulations, the physical examination items for teacher qualification determination are stipulated by the education administrative department of the provincial people's government; According to the provisions of Article 16 of Chapter III of the Detailed Rules for the Implementation of the Regulations on Teacher Qualification in Zhejiang Province, the physical examination items and requirements for applying for teacher qualification shall be implemented in accordance with the Implementation Measures for Physical Examination of Teacher Qualification in Zhejiang Province.
A person in charge of the Personnel Department of Yiwu Education Bureau told the reporter that the reason for the rejection was that Wang Li was unqualified, and the hospital's physical examination for the Education Bureau concluded that Wang Li was unqualified. Therefore, according to the hospital's conclusion, the Education Bureau refused to issue a certificate to Wang Li.
Wang Li also submitted an administrative reconsideration to Jinhua Education Bureau, which made an administrative reconsideration decision and upheld the decision of Yiwu Education Bureau.
lawsuit
Sue the education department and win the case in the first instance.
Because she disagreed with this result, Wang Li entrusted a lawyer to bring an administrative lawsuit to the People's Court of Wucheng District, Jinhua City, and took Yiwu Education Bureau and Jinhua Education Bureau to court, requesting the court to decide to cancel the behavior of Yiwu Education Bureau not recognizing its teacher qualification and Jinhua Education Bureau maintaining the decision of Yiwu Education Bureau.
During the trial, Yiwu Education Bureau argued that Yiwu Education Bureau entrusted hospitals at or above the county level to carry out physical examination on Wang Li according to law, and the conclusion of the physical examination was unqualified. According to the conclusion of the physical examination, the Education Bureau made a decision not to recognize her teacher qualification, and found that the facts were clear, the applicable law was correct and the procedure was legal. Jinhua Education Bureau argues that it has fulfilled the functions of accepting and examining applications for administrative reconsideration according to law, and that the administrative actions made by Yiwu Education Bureau have clear facts, correct applicable laws, legal procedures and appropriate contents.
In March this year, the Wucheng District Court made a first-instance judgment. The court held that the Yiwu Education Bureau determined that Wang Li's physical examination was unqualified, and the basis for determining her teacher qualification was "Zhejiang Province Teacher Qualification Physical Examination Standards and Operating Procedures". Wang Li's physical examination results show that there is no eyeball in her right eye, which is not an unqualified situation stipulated in the document. Yiwu Education Bureau refused to recognize teachers' qualifications directly on the grounds that the hospital made a conclusion that the medical examination was unqualified without reviewing whether the medical examination conclusion was in line with the relevant provisions of the document.
Jinhua Education Bureau failed to examine whether the results of Wang Li's physical examination were unqualified according to relevant laws, and made a reconsideration decision to maintain that Yiwu Education Bureau did not recognize Wang Li's qualification as a teacher. The basis is insufficient and should be revoked.
In the end, the first instance judgment of Wucheng District Court of Jinhua City revoked the reconsideration decision made by Jinhua Education Bureau to maintain that Yiwu Education Bureau did not recognize Wang Li's teacher qualification and the confirmation decision made by Yiwu Education Bureau not to recognize Wang Li's kindergarten teacher qualification. Yiwu Education Bureau re-recognized Wang Li's teacher qualification within 15 working days after the judgment came into effect.
After the verdict was pronounced in the first instance, Jinhua Education Bureau and Yiwu Education Bureau appealed to Jinhua Intermediate People's Court.
Make a final judgment
Reject the appeal of the education department
In the second trial, Yiwu Education Bureau said that whether Wang Li had no eyeball in her right eye could be considered as qualified in the physical examination. Although the court of first instance did not entrust judicial expertise or consult medical experts to make a judgment, Yiwu Education Bureau and Jinhua Education Bureau entrusted medical experts from the physical examination groups of hospitals and university enrollment centers through Zhejiang Education Department for prudence before the judgment of first instance. The conclusion of the argument is: "In the case of one eye without eyeball, the physical examination of teachers' qualifications should be judged as unqualified."
Jinhua City Education Bureau said that from a medical point of view, compared with eye diseases such as glaucoma, artificial eyes without eyeballs have a greater adverse effect on vision, which belongs to the category of improper facial features. Improper facial features should be confirmed as unqualified medical examination according to law. It is more in line with the original intention of formulating physical examination standards to meet the actual needs of education and teaching to exclude the unqualified physical examination.
Wang Li said that she has been engaged in preschool education for many years and works hard. She is fully qualified for kindergarten education and teaching, and is competent for preschool education.
Recently, Wang Li's attorney Zhou received a judgment from Jinhua Intermediate People's Court. According to the judgment, Jinhua Intermediate People's Court held that the focus of the dispute in this case was whether the decision made by Yiwu Education Bureau not to recognize Wang Li's qualification as a teacher was legal, whether the reconsideration decision made by Jinhua Education Bureau was legal, and whether the physical examination standards and operating procedures requested by the appellant for the qualification of teachers in Zhejiang Province were legal. Yiwu Education Bureau didn't examine whether Wang Li's physical examination conclusion met the requirements, and decided not to recognize her teacher qualification according to the conclusion of the physical examination hospital. Jinhua Education Bureau, as a reconsideration organ, made a decision to maintain the evidence made by Yiwu Education Bureau without examining whether the evidence was sufficient and the basis was legal.
In the end, Jinhua Intermediate People's Court finally rejected the appeals of Jinhua Education Bureau and Yiwu Education Bureau and upheld the original judgment.
The law finally protected Wang Li!