High Court refuses leave to seek judicial review of the selection process for principal of a national school, where the notice party had been appointed rather than the applicant, on the grounds that the selection board had complied with the rules for boards of management of national schools, that the procedure was fair and that there was no objective bias on the part of the chairperson of the board.
Applicant is deputy principal of a national school - notice party was appointed principal of the school in February 2015 following a decision of the first named respondent - applicant is a failed candidate in the competition for appointment as principal and sought and was granted leave to challenge the notice parties appointment - affidavits were filed from a number of board members expressing dissatisfaction with the procedures followed by the selection board - post for principal was advertised nationally - board of management is established under section 14 of the Education Act 1998 - a selection board must be appointed for the purpose of a competition for the post of principal - the selection board must comprise of the chairperson of the board of management and at least two assessors independent of the board of management to be appointed by the patron - an appointment under the constitution of boards and rules of procedure 2011 could be amenable to judicial review - chairperson contacted the patron to discuss the appointment of the two independent assessors - eight applicants attended for interview - a set of questions encompassing criteria required was agreed by all three members of the selection board - former principal deposed that there was dismay from some board members that the best candidate had not been chosen - examination of Irish language proficiency of the candidates was not unfair or prejudicial - no breach of fair procedures with regards to certain aspects of the marking scheme for candidates answers - no particulars furnished by applicant of any alleged unreasonableness or irrationality in lack of explanation for selection decision - court must decide whether decision unambiguously flies in the face of fundamental reason and common sense - qualifications of candidates was a matter to be determined by the selection board - offer of appointment to notice party after ratification of boards decision by the patron was obtained within the rules - fair, reasonable and transparent procedure was followed by the selection board resulting in its recommendation - no basis upon which the board of management could have refused to ratify the appointment of the notice party - purpose and intention of the Education Act adequately reflected - independence of selection process is protected - decision is protected from unwarranted interference based on favouritism or otherwise - production of final marks of each candidate should have been supplied but this did not constitute a substantial non-compliance with the rules - the fact that the chairperson's sons were taught by the notice party for seven months did not constitute objective bias - no good reason submitted not to appoint the notice party - application refused.