By JADA LOUTOO Thursday, January 26 2012

A HIGH COURT judge has berated the recent conduct of some persons involving denominational schools, saying the country has witnessed a level of disrespect on the part of both officials and leaders within the system and parents as well.

Justice Sebastian Ventour minced no words in a 30-page ruling on an application for judicial review, which was aimed at determining the extent to which religious school boards can influence persons appointed to the position of principal.

He did not make specific reference to the recent events involving the stand off between Sanatan Dharma Maha Sabha and Tunapuna Hindu School principal Sita Gajadharsingh-Nanga and the ASJA Education Board and economics teacher Patricia Mohammed.

Both instances have led to heated protests by principals and school lock-outs.

The matter before Justice Ventour, which involved all religious bodies in Trinidad and Tobago, related 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.

The application was brought by Kamla Jagessar — a teacher who was 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 board alleged the said provision was drafted pursuant to the Concordat, which predated the Constitution, and, furthermore, the board retained ownership of the schools themselves.

Jagessar has since retired from the teaching service, however the judge said there was a need for clarification of the law on the issue which was on general public importance.

Jagessar in her lawsuit filed in 2009, alleged 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.

During hearing of the matter, the judge 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.

In his ruling delivered yesterday, Justice Ventour said, “In our day to day living we must show respect for each other and respect for the rule of law if we are to grow as a democracy.

“Having said that, within recent times, the country has witnessed a level of disrespect not only by some officials and leaders with the assisted school system but by parents as well.”

Ventour said citizens “have to learn how to resolve conflicts and disagreements without being disrespectful to each other.”

“If the law sets out a procedure for resolving some of the problems that confront those within the Teaching Service, the procedure should be followed. Alternatively if the procedure proves to be unsuitable then one should advocate for changing the procedure.

“The threat of violence and other forms of misconduct are unacceptable in a civil society. Moreover those who are affected ought not to take the law into their own hands. As adults we have to set a good example. Our children are looking on very closely. As adults we must think about tomorrow,” he said.

The judge noted that Assisted School boards had constitutional rights but noted there were other stakeholders, operating within the TSC who also enjoy certain constitutional rights and freedoms.

He also found that the role of the Presbyterian Board in the appointment of a Principal helped to build the denominational character and integrity of assisted schools and gives meaning to the right of true enjoyment of their property, a right guaranteed under the constitution.

Ventour also noted that also at the centre of the debate before him was the right of a parent to select a school of his or her choice for the education of his or her child.

“The right of a parent to provide a school of choice for the education of his or her child is a fundamental right under the constitution and anything done to erode or destroy the denominational character of the assisted schools will interfere with that right. The right of the parent to choose would be meaningless if there were no alternatives,” he said.

Ventour noted that while the issue had to do with the constitutionality of regulation 133(3) of the Teaching Service Regulations, he said the regulation was ambiguously clear.

According to the judge the TSC was mandated by the Rule to make appointments of teachers to assisted schools with the approval of the Board, and derived this power by Section 125 of the Constitution.

Assisted schools, he said, were the property of respective denominational bodies and whoever is appointed to teach in these schools must therefore affect the right of the denominational bodies to enjoyment of their property. The judge said any appointment to these schools, should be made subject to the approval of the boards.

However, he noted that denominational school boards do not have a veto power in the appointment of teachers in assisted schools.

Jagessar was represented by Anand Ramlogan, instructed by Cindy Bhagwandeen, while Russell Martineau, SC represented the Teaching Service Commission. Douglas Mendes, SC, Ian Benjamin, Darrel allahar and Ravi Heffes-Doon represented the Presbyterian Board, while Imran Khan appeared for the Trinidad Muslim League.