The Court of Appeal will have to weigh in on a move by the Teaching Service Commission (TSC) to introduce a new procedure for the recruitment of teachers for denominational primary schools.
In mid-March, High Court Judge Westmin James dismissed a lawsuit from the Presbyterian Church of T&T (PCTT) and the Presbyterian Primary Schools’ Board of Education (PPSBE) challenging the policy.
Speaking with Guardian Media on Wednesday, PPSBE chairman Vickram Ramlal confirmed that the organisation had filed an appeal challenging Justice James’ decision in the case.
The lawsuit centred around the commission’s decision taken in 2021.
Prior to the decision, prospective teachers registered with the Ministry of Education would apply to denominational boards with vacancies in their schools and be interviewed.
The boards made recommendations and the TSC and the ministry then conducted their own interviews. The results of the interviews were provided to the boards, who were allowed to raise objections on moral and religious grounds.
Successful candidates are then placed in vacant positions.
In 2021, the commission noted there were 2,000 pending applications for teaching jobs in primary schools.
It then implemented its proposed policy under which it would cease accepting new applications unless there were vacancies, accept applications only for known vacancies, and interview applicants with the oldest going first.
The boards would then be permitted to recommend teachers from the successful candidates already screened by the commission.
In determining the case, Justice James considered the provisions of the Constitution, the Public Service Commission Regulations, and the Concordat of 1960, which established the relationship between denominational school boards and the government before Independence.
In ruling that the alleged old policy was not a settled practice and the 2021 policy was valid, Justice James ruled that it (old policy) would have been reflected in the regulations and the Concordat.
“The fact that it is absent from these documents also demonstrates to this court that it was not a well-settled practice or elevated to constitutional protection,” he said.
He also suggested that the alleged old policy conflicted with the established legal framework.
“The practice would grant denominational boards full control over appointments to public service positions within Assisted Schools, effectively usurping the Commission’s authority. This was not the assurance given to the Boards by the Concordat,” he said.
He also ruled that it was discriminatory to qualified prospective teachers, who did not apply to the boards first.
“Other persons who wish to be teachers who have applied and been eliminated by the Boards must also be treated equally in that they are all entitled to have their applications considered by the Commission,” he said.
Justice James also rejected claims that the commission was obligated to accept the recommendations of the denominational boards.
Stating that recommendations are advisory not binding, Justice James said: “Neither the Regulations nor the Concordat recognise a constitutional right to automatic acceptance of recommendation.”
“This would undermine the discretion of the TSC and render regulatory safeguards meaningless,” he added.
Justice James also rejected claims over the commission’s decision to advertise vacancies in accordance with the new policy in 2022.
Despite his findings, Justice James acknowledged the significance of preserving the denominational character of assisted schools by affirming the Concordat.
He also ordered the parties to bear their own legal costs based on the significance of the case.
The PCTT and PPSBE were represented by Darryl Allahar, Aaron Mahabir, and Matthew Allahar.
The TSC was represented by Russell Martineau, SC, Coreen Findley, Raquel Le Blanc, and Murvani Ojah Maharaj.
The Catholic Education Board of Management was represented by Ian Benjamin, SC, Kerwyn Garcia, SC, Clay Hackett, and Nalini Jagnarine.
