CEBM disappointed as court rules against education boards

The long-standing “practice” of denominational boards receiving applications and submitting suitable candidates for interview by the Ministry of Education (MoE) to fill vacancies in government-assisted primary schools was judged to conflict “with established legal framework and creates inequities affecting the rights of others”.

In September 2021, the Teaching Service Commission (TSC) introduced a policy in which it stopped accepting unsolicited applications for positions and only those sent responding to advertised vacancies would be accepted. The TSC advertised for the post of Teacher I (primary) to obtain suitable candidates. Applications would only be accepted for new vacancies, and applicants will be interviewed based on the date of application, starting with the oldest applications first.

The TSC, in a 2023 statement is reported as saying there was a backlog of 2,000 pending applications for primary schools. Submissions by the Presbyterian Board to fill vacancies were not considered nor those from the Catholic Education Board of Management (CEBM).

The Presbyterian Board challenged the change and filed for Judicial Review of the TSC’s refusal to approve recommendations for the filling of vacancies for Assistant Teacher (Primary) and the TSC’s decision to advertise to fill vacancies for Teacher 1 (Primary) in Assisted Schools including those controlled and managed by the Presbyterian Primary Schools’ Board of Education. The CEBM was an “interested party” in the matter.

According to the March 10 Judgement given by High Court Justice Westmin James, “If the Claimant and Interested Party’s asserted practice had existed before the Constitution’s adoption, it would have been reflected in the Concordat and the Regulations and if it did exist, the Concordat and the Regulations would have interrupted that settled practice as it was shown the practices did not accord with either of them. 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.”

The Court recognised the significance “of preserving the denominational character of Assisted Schools” and affirmed the Concordat. However, the parties were advised that any changes to this arrangement “should be pursued through good-faith negotiations” with the government “followed by the necessary legislative and constitutional amendments.”

A statement from CEBM expressed “disappointment” with the decision. It stated the last advertisement for applications for teaching positions in denominational schools was posted in January 2023. The statement continued, “The list of candidates who meet the criteria necessary to uphold the preservation and character of Catholic schools was exhausted in 2024, leaving no suitable candidates to fill the forty-four existing Teacher vacancies in thirty-two Catholic primary schools.” The Presbyterian Board has 49 vacancies in 27 schools.

The CEBM looked forward to “good-faith” negotiations that enable the provision of Catholic education to the pupils in RC primary schools. The Presbyterian Board was considering an appeal of the decision. —LPG