AN application for the appointment of an interim examiner to the Advanced Technology College in Merrion Square, Dublin, is expected to be made to the High Court today.
In the Supreme Court yesterday, the students appealed a decision of the High Court to adjourn the application for an examiner to March 21st. The appeal was dismissed but Mr Justice Barrington, presiding, said if the application to appoint an interim examiner proceeded, the time lost would be minimal.
Dr Michael Forde SC, for the students, told the court that their careers would be seriously jeopardised if they could not sit their examinations.
Next Tuesday was the deadline for the students to apply to the City and Guilds College in London to take the exams and they had to send their fees at the same time.
He said some students had been at the college for two years and had paid up to £4,500 in fees. All of that time and enthusiasm would be destroyed if an examiner was not appointed this week.
In his judgment, Mr Justice Barrington said this was an unfortunate case and naturally the court had sympathy with the young students, who had paid fees for a course of education which they were in danger of being denied.
However, the court was concerned only with the question of the appeal. In the High Court order for an adjournment, an essential point touched on the notice given to those who were not parties at present to the litigation who had an interest in the case.
In this case, the petitioners had to place an advertisement in the public press covering the forthcoming application. Its purpose was to give notice to members of the public of the right to turn up and be heard, and they were entitled to know where and when that was taking place.
The ad must have the place and time at which the application was to be made. Therefore, the High Court judge was correct in the decision he made that there should be an adjournment as no time was the ad. The High Court given in judge also found that proper notice had not been served on certain people. Mr Justice Barrington said the Supreme Court would not interfere with that.
He said the Supreme Court could not anticipate what order the High Court would make regarding the application for an interim examiner, but if the appointment was made, the time lost through this information procedural mishap would be minimal.