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Court hears role of religious boards on school posts

By Denyse Renne

An application for judicial review proceedings, aimed at determining the extent to which religious school boards can influence persons appointed to the position of principal, came up for hearing in the Port of Spain High Court yesterday.

The matter, which involves all religious bodies in Trinidad and Tobago, relates to the constitutionality of the 1960s "Concordat" which regulates education in all assisted religious schools. The concordat is an agreement between the Roman Catholic Church and the State.

Justice Sebastian Ventour, who is presiding over the matter, said the issues to be raised will be of great importance and could affect the conduct of all assisted schools in the country. He ordered all school boards be served with the proceedings and directed affidavits be filed by intervening parties, namely the Presbyterian church and the various bodies which constitute the Catholic schools.

He later adjourned the matter to October 6 for a case-management conference.

When the matter was called yesterday, attorneys Ian Benjamin, Ravi Heffes-Doon and Darrel Allahar appeared on behalf of the Presbyterian church while Senior Counsel Douglas Mendes sought the interest of the Roman Catholic church.

The application is being brought by a teacher who is employed in the public sector and who applied for the post of principal in a school operated by the Presbyterian School Board. However, according to the Public Service Commission Regulations (Reg 133-3), the Teaching Service Commission cannot appoint a teacher unless the proposed appointment has the approval of the Presbyterian board.

The boards are alleging the said provision was drafted pursuant to the Concordat, which predates the Constitution, and, furthermore, the board's retain ownership of the schools themselves.

The teacher is also alleging the regulation which gives the religious school boards such power is void and inconsistent with the Constitution, which vests the power of appointment and promotion in the Service Commission only.

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