A mathematics lecturer has taken High Court proceedings seeking a declaration that he is suitable to hold a particular lecturing position in mathematics at NUI Galway under the terms of a competition in August 2004.
Pádraig Kirwan, Elgon Walk, Ardkeen Village, Waterford, has also been given leave to seek an order preventing the college from appointing another to the position, pending the holding of a "proper competition" in accordance with the University College Galway Act 1929.
Mr Kirwan's counsel Gerard Humphreys yesterday said his client had applied for one of two permanent posts in the department of mathematics. He was called for an interview and underwent an Irish test.
He was declared competent to discharge the potential post through the medium of Irish for the purposes of section 3 of the 1929 Act. He said under that Act there was a statutory obligation on the university to appoint Irish speakers.
The interview panel had declared him "not suitable" for the post, but the faculty of science found that Mr Kirwan and four others were suitable candidates. The other four had declared themselves not proficient in the Irish language.
The matter was referred to the university's Academic Council, which reaffirmed the decision of the interview panel.
In October 2004, Mr Kirwan was notified by the university that the board "is of the opinion that he is not yet in a position to sustain an independent research programme".
Mr Humphreys said in the original advertisement for the job there was no mention of a requirement to "sustain an independent research programme".