TC admits Telesup's lawsuit and orders PJ to review its licensing request before Sunedu

The Constitutional Court (TC) admitted the lawsuit from the Telesup university, of José Luna Gálvez, and ordered that the Judiciary review its request for licensing before the National Superintendency of Higher University Education (Sunedu).

The precariousness of university studies, the lack of quality of teaching for students, funds diverted in illegal matters, false facades and people involved in corruption investigations made the authorities decide to close the private university Telesup SAC

The TC resolution declares “null” resolution one, dated March 12, 2020, issued by the Ninth Constitutional Court of Lima, which initially rejected the claim; and nullifies resolution three, dated September 23, 2022, issued by the First Constitutional Chamber of the Superior Court of Lima that confirmed said office, and “orders the admission for processing” of the claim in the first instance of the Judiciary.

THE HISTORY OF THE LAWSUIT

On January 15, 2020, the Telesup SAC university filed a claim for protection against the Ministry of Education, in which it requested that the ministry be ordered to allow it to initiate a new institutional license procedure before Sunedu.

This, because it would have carried out the necessary actions to achieve the basic quality conditions during the maximum period established in the regulations for the process of cessation of activities of universities and postgraduate schools, approved by resolution of the Board of Directors of Sunedu, before its definitive cessation. .

Resolution of the TC on Telesup.

Later, the Ninth Constitutional Court of Lima, on March 12, 2020, declared the lawsuit inadmissible.

Due to this, the TC resolved that “it is appropriate to apply article 116 of the New Constitutional Procedural Code, which empowers this Court, in the face of resolutions that have been issued incurring procedural defects that affect the meaning of the decision, to annul them and “return the process to the state immediately prior to the configuration of the vice”.

That is, declare void everything that has been done up to the qualification of the claim and “order that it be carried out in accordance with the procedural rules now in force.”

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