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High Court, in judicial review proceedings, quashes education appeals committee's decision to permit enrolment of a child (notice party) into secondary school (thereby allowing an appeal taken by the child's parents against the school's decision to deny enrolment), on the grounds that the committee failed to adhere to the agreed upon school enrolment policies and procedures by wrongly considering a prior interaction the child's parents had with the former principle, which resulted in them moving their child to a 'feeder school' for the final two years of its primary school education in the hopes of later gaining a place.
Judicial review - certiorari - decision by education appeals committee to allow appeal from school's board of management refusing to enrol child in school - whether committee entitled to take into account that child's parents had moved child to a 'feeder school' for the last two years of the child's primary education based on prior discussions with former school principle - school's enrolment policy procedure - relevant legislative provisions and enrolment policy rules - no discretion vested in current principle to permit enrolment outside of agreed policy - children enrolled in school who did not attend 'feeder schools' but did meet other enrolment criteria - reasonable expectation of enrolment based on significant change to child's education - factors considered by appeals committee - reliance on sworn affidavit - legal scope of committee's decision - legitimate expectation doctrine not applicable - committee steered outside of enrolment policy by considering parents' interaction with former principle - 'lottery' procedure circumscribed committee's ability to consider personal circumstances - certiorari granted with remittal for fresh consideration by committee.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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