NUI Galway faces another High Court hearing today over its controversial Irish exam for academic appointments.
Padraic Kenna, a contract lecturer in law, has successfully sought a judicial review of the circumstances surrounding use of the Irish exam for a permanent lectureship in law last year.
Mr Kenna was one of two applicants but failed the Irish exam, even though he had passed it on two previous occasions in 2003.
Under the 1929 University College Galway Act, the college is required to appoint staff who are competent to discharge their duties through the medium of the Irish language. Applicants for academic posts are not obliged to take the test, but success in the exam is regarded as an advantage.
The university wants to amend the legislation, as it believes the Irish exam is counter-productive, and has made several submissions to the Department of Education.
In an interview for this year's university's alumni publication, Cois Coiribe, college president Dr Iognaid Ó Muircheartaigh said he did not regard the 1929 Act as being "an effective and proactive tool" for promoting Irish.
"In theory, it could mean that a Nobel Prize winner could be excluded from the job in NUI Galway because he or she didn't have Irish," he said.
However, evidence to be presented to the court by Mr Kenna will show that the Minister for Community, Rural and Gaeltacht Affairs, Eamon Ó Cuív, appears to be opposed to plans by the university to drop the exam.
Mr Kenna unsuccessfully tried to appeal the decision. He claims the university's Irish board breached its own legislation and he was subjected to discriminatory treatment.
