A schoolteacher has taken a High Court challenge to the procedures adopted for promotion to the position of assistant principal at Portumna Community School in Co Galway.
Mr John Joseph Conwell, who applied for but failed to secure a position as assistant principal, yesterday obtained leave to take judicial review proceedings against Mr Peter O'Leary, an arbitrator; the board of management of Portumna Community School and the Minister for Education and Science.
Mr Conwell, of Gortanumra, Portumna, complains that the school principal, Mr David Leahy, was present for interviews conducted by the selection committee with persons seeking promotion and with the committee for a time after the interviews had finished.
Mr Conwell is seeking orders quashing the decision of Mr O'Leary of May 14th last disallowing his appeal against the appointments made on December 17th, 2001, on foot of recommendations of the selection committee and preventing the Minister from sanctioning the appointments.
In an affidavit, Mr Conwell said he had taught at Portumna College from 1980; in 1990 it was amalgamated with St Brigid's Vocational School to become Portumna Community School.
Applications for vacant promotional posts of assistant principal were invited in October 2000, and he and other staff members applied. A selection committee was arranged by Mr Leahy on behalf of the board of management.
Mr Conwell said Mr Leahy had sat in the room during Mr Conwell's interview and he believed Mr Leahy also remained with the selection committee after the interviews. On November 24th, 2000, he was told his application was unsuccessful. Three other persons were appointed, two of whom had less teaching service.
He had appealed the decision, and another arbitrator, Mr Michael McNamee, upheld his appeal on the ground that the interview panel did not apply the criteria set out in an agreement on the filling of promotional posts in community schools in that it delegated its decision-making function to a party which had no role under the agreement.
Applications were again invited, and he applied once more. Mr Conwell said a new selection committee was arranged by Mr Leahy. He complained that Mr Leahy again sat in the interview room and remained with the selection committee after the interviews ended.
Mr Conwell said he again objected about the involvement of Mr Leahy. He said the recommendations of the second selection committee about the filling of vacant posts were essentially the same as the first committee.
He believed the presence of Mr Leahy at the interviews and at the deliberations of the committee breached the principles of basic fairness.
He was told on December 14th, 2001, that his application for promotion had been unsuccessful, and he appealed. However, Mr O'Leary, the arbitrator, decided it was not necessary to hold an oral hearing. On May 14th last, Mr O'Leary dismissed Mr Conwell's appeal and found the committee had acted fairly. Mr Conwell said he was "aghast" at that finding.