A claim by a secondary school teacher and practising Catholic that he was prevented from getting a job in a Catholic school because of an alleged discriminatory panel scheme for selecting teachers was dismissed by the High Court yesterday.
Since he initiated his action, Mr Patrick Greally has taken up a permanent teaching position at Moate Community School, Co Westmeath.
In a reserved judgment, Mr Justice Geoghegan said the general thrust of his decision was that the State could not adopt a funding scheme for secondary teachers which had the effect of destroying the denominational nature of schools requiring funding.
He said Mr Greally at the time he brought his action genuinely believed his career prospects as a teacher were seriously affected due to a scheme from which teachers were selected.
There were three panels. Two catered for surplus teachers and those who wanted redeployment in other schools. The third, Supplementary Panel, which concerned Mr Greally, was created by and in the interests of the Association of Secondary Teachers with the agreement of the Catholic Managers' Association and the Minister for Education.
Mr Justice Geoghegan said the Supplementary Panel was intended to resolve the problem of cutbacks in the funding of education through an alteration of the pupil-teacher ratio, and many teachers had lost jobs.
The ASTI had demanded there be a priority system so that as vacancies arose those disappointed teachers would have first offers. Criteria were drawn up for defining teachers who were entitled to be on the Supplementary Panel.
To be eligible, the teacher had to have taught for two school years or more in the same Catholic school or for three school years in separate Catholic schools.
Mr Greally did not teach for two years continuously or for three school years in separate schools. He claimed the conditions were discriminatory and unconstitutional and brought proceedings against the Minister, the State and the Association of Secondary Teachers of Ireland.
Rejecting his claims, Mr Justice Geoghegan said Mr Greally had been unable to get himself appointed to temporary posts which would qualify him. That was the real reason he was not a member of the Supplementary Panel, but such a reason was not discriminatory in a constitutional sense.
The judge said qualifying for panel membership did not involve an inquiry as to a person's private beliefs or whether they practised their religion. All that was required was that they provide satisfactory service for particular specified periods in Catholic schools.