THE Professor of Celtic Archaeology at UCD yesterday lost his High Court challenge to a decision by the college's governing body to retire him at 65.
Prof George Eogan, of Brighton Road, Rathgar, Dublin, took a judicial review against the university. He had sought the right to continue working until he is 70.
Mr Justice Shanley, in his judgment, said Prof Eogan was appointed an assistant in the UCD Department of Archaeology in 1965. He was told at the time by the then head of the department, Prof Ruairi de Valera, that one of the benefits was that he could continue until 70 years.
Until 1987, employees could continue until they were 70 provided there was a recommendation to the university senate by the governing body that the employee was fit to continue. This was reviewed annually. The professor argued he had a legitimate expectation that he could continue.
The governing body decided in 1987 it would not recommend the continuance in office of a statutory lecturer or professor after the age of 65. The decision was apparently reached for fiscal reasons and to reduce the age profile. There was much discussion about the introduction of the scheme.
Mr Justice Shanley said he was satisfied Prof Eogan was aware of the adoption of the scheme, that he was aware of the reasons and that he availed of the opportunity to comment.
The judge said he was satisfied there were rational grounds for the governing body to adopt the scheme and held Prof Eogan was not entitled to have the decision to retire him at 65 quashed.
The judge ruled the case was properly taken by way of judicial review, which has to be an action against some public body. UCD had contended that it could not be taken as it was a private body. The judge said he was satisfied the appointment of a professor derived from the statutes which were pursuant to the 1908 Irish Universities Act.
He made no order for costs.