Thammasat University's vice-rector and legal expert Prinya Thaewanarumitkul. (Bangkok Post file photo)

Operators of student dormitories have petitioned the Office of the Ombudsman to ask the Constitutional Court to consider whether the 2015 Dormitory Act violates their constitutionally guaranteed rights.

The Dormitory Operators Association joined students from Thammasat University yesterday in petitioning the Ombudsman to determine whether Sections 4 and 36 of the dormitory law are constitutional.

They were accompanied by Thammasat University's vice-rector and legal expert Prinya Thaewanarumitkul.

The provisions stipulate that those who stay at dorms must be undergraduates who are pursuing a bachelor's degree only and who are 25 or younger.

Mr Prinya said the provisions have been the bane of dormitory operators and people using their services.

Violators are liable to a fine of up to 100,000 baht, which critics say has led to a loss of customers and income.

Mr Prinya said the provisions go against Sections 40 and 26 of the charter.

Section 40 guarantees the freedom to pursue a decent career while Section 26 stipulates that legislation designed to limit certain rights and liberties must not impose more restrictions than are necessary.

Mr Prinya said many operators have made large investments in the business, and even diversified into new careers, but the law has restricted their rights and freedom.

As a result of the legal restrictions, the number of legally registered dorms has plunged from more than 10,000 to only a few hundred while illegal dorms are on the increase, Mr Prinya said.

Operators previously wanted to ask Prime Minister Prayut Chan-o-cha to invoke the all-powerful Section 44 of the previous charter to solve the problem.

But since the new constitution guarantees people the rights and freedom to pursue a career, Mr Prinya said he advised the operators to petition the Constitutional Court through the Ombudsman.

According to figures supplied by the Ministry of Social Development and Human Security, there were a total of 14,906 dorms nationwide as of mid-2015.

Almost half, or 6,037, were located in the Northeast, with 1,241 in Bangkok.