Court: Presbyterian Board free to challenge teacher recruitment

The Presbyterian Board (PBTT) has been given permission to advance its legal challenge to recent changes to the recruitment process for denominational primary school teachers.

On Monday, Justice Westmin James granted the board leave to pursue its claim against the Teaching Service Commission (TSC) for its failure to appoint teachers recommended by the board and interviewed by the Education Ministry. The board is also challenging the commission for changing the recruitment process for primary school teachers in government-assisted schools.

The Catholic Education Board of Management was also allowed to join as an interested party. The Sanatan Dharma Maha Sabha has observer status.

Directions were given for filing submissions and the matter was adjourned to November 27.

The PBTT is challenging the refusal of the TSC to approve its recommendations for filling vacancies for the position of Teacher 1 (Primary) and make the necessary appointments, as well as the commission's advertising vacancies for those positions in schools controlled and managed by the Presbyterian Primary Schools’ Board of Education.

It contends that the TSC’s changes exclude input from the denominational boards, as mandated by the Concordat – a pre-independence agreement between the government and heads of the various religious denominations.

The new recruitment process would require all Teacher I (Primary) vacancies across all schools to be advertised. The board argues that the new process is unlawful.

It said it would cause "the erosion of assurances given by the Concordat” and that halting the established process and starting a completely new one was not only unlawful but arbitrary.

In an affidavit in support of the application, Terrence Warde, general secretary of the Synod of the Presbyterian Church, said he was aware of the TSC’s advertisement in January, but no appointments had been made to the position in any of the board’s schools.

“Meanwhile, the enrolment process for students has started in Presbyterian primary schools. There are currently 30 vacancies for Teacher 1 (Primary) at 21 Presbyterian primary schools.”

He said the service commission department said in June there were 153 vacancies for Teacher 1 (Primary) in government-assisted primary schools, which, he said, meant vacancies in Presbyterian schools accounted for almost 20 per cent of the total across denominational primary schools.

“The new school term starts in September 2023 and the issues between the church and the TSC must be resolved before then to avoid adverse effects on those Presbyterian primary schools which have vacancies for teachers."

In support of the claim, the Catholic Education Board of Management (CEBM) CEO Sharon Mangroo, on affidavit, said there are over 42 teaching vacancies in its schools with the number expected to increase to 60 by the end of the year.

She said the new policy will hamper the board’s ability to staff its schools prompt with teachers who share the values, beliefs and ethos of the RC Church,

“The TSC’s proposal has the effect of usurping the CEBM’s role, by determining who will meet our needs in our schools, who meets the CEBM’s criteria and therefore ultimately who is best suited as teachers for maintaining the character of our schools.

“Accordingly, the TSC is now compelling denominational boards to choose teachers from a list devised by the TSC.”

Mangroo said while the CEBM has “endeavoured to settle this impasse amicably, our efforts thus far have not borne fruit,” making it necessary for it to seek permission to join the PBTT’s action.

The PBTT board is represented by attorneys Darrell Allahar, Aaron Mahabir and Matthew Allahar.

Representing the CEBM are Ian Benjamin, SC, Kerwyn Garcia, SC, Clay Hackett and Nalini Jagnarine.

The commission is represented by Russell Martineau, SC. Kiel Taklalsingh represents the SDMS.