The Presbyterian Church of Trinidad and Tobago (PCTT) and its Presbyterian Primary Schools Board of Education (PPSBE) have appealed a High Court decision that upheld new hiring policies by the Teaching Service Commission (TSC) for the recruitment of primary school teachers in denominational schools.
The church challenged the TSC’s 2021 policy to publicly advertise teaching vacancies and not automatically approve candidates recommended by denominational boards, arguing it violated the 1960 Concordat and long-standing practice. They claimed the Concordat protected their right to select teachers for their schools without a competitive process.
Justice Westmin James ruled on March 10 that the TSC acted within the law, finding the recommendations from denominational boards to be non-binding and advisory.
James noted that the TSC’s 2021 policy requiring vacancies to be publicly advertised was consistent with both the Concordat and the regulations.
He also rejected the argument that the TSC’s policy was ultra vires, affirming that it sought to ensure equal access to employment opportunities for all qualified candidates and ruled there was no constitutional or legal obligation for the commission to follow past practices if they contradicted public service regulations.
“In the present case, the practice as submitted by the claimant and interested party would not allow for all applications examined by the boards to be forwarded to the commission with their recommendations as detailed in the Concordat and would rather totally remove the right of appointment from the Public Service Commission making them a rubber stamp to their recommendation.
“It is clear from the wording of the regulations that all vacancies should be communicated to the commission and be advertised either within or outside the Teaching Service.
“It is also clear that the commission should be given all the applications to fill the vacancies, except in the case where the vacancies are being filled from persons already in the service. It is also clear from the wording that the commission should satisfy itself that regulation 18 has been complied with.
“The claimant and interested party’s (The Catholic Education Board of Management) practice would see the defendant not only advertising the positions but also not being able to consider all potential candidates.”
He also found there was no basis to hold that the TSC’s decision to advertise vacancies was ultra vires or an improper exercise of discretion.
While acknowledging the significance of denominational schools in maintaining their religious character, James said changes to the Concordat framework must come through negotiations with the Government and potential legislative reform, not judicial intervention.
The TSC’s new policy was premised on its views that the Public Service Commission Regulations required that denominational boards communicate to the ministry’s permanent secretary vacancies in their schools, and the ministry would advertise the vacant offices after which it would then send all applications for the filling of the vacancies to the Director of Personnel along with any of the boards’ recommendations and comments.
However, the boards contended that the 1960 Concordat – a pre-Independence agreement between the government and heads of the various religious denominations – and the settled practice for their schools, applications were first made to them before they made their recommendations to the ministry and the TSC. They insisted the settled practice was constitutionally protected and the TSC’s reliance on the regulations must yield.
In its judicial review claim, the PCTT and the PPSBE noted there were 49 vacancies for the position of Teacher 1 (Primary) across its 26 schools, which it said had hindered student enrollment and affected the delivery of quality education, a standard for which, they said, Presbyterian schools were known.
Shortly after the ruling, Prime Minister Stuart Young met with leaders of religious organisations to discuss issues relating to the Concordat. He said he sought to get an understanding from religious leaders about questions around the Concordat. In a post on social media, he gave additional details about the meeting.
“I shared my aspirations for the advancement towards a more modern, holistic and inclusive education system in Trinidad and Tobago. The meeting’s discussions focused on addressing critical challenges within the current education landscape, including staffing of vacancies, the need for more social workers/guidance counsellors and schools’ infrastructure.”
