clr/1980/1980_3_11.pdf

(1980)dates for appointment tothe post of warder inthe Department of Prisons, a first entry post. At thematerial time they were all serving inthat capacity onatemporary basis. Allcandidates were interviewed by therespondent Public Service Commission on October 7, 1977, inthepresenceofthe Senior Superintendent 5 of Prisons, and fourteen of them ("the interested parties") were appointed to thepost of Warder. One vacancy was left unfilled, for thetime being, in view of the fact that noother candidate was considered as suitable for appointment thereto. In deciding to make theabove appointments theCommission 10 considered* the "merits, qualifications and experience ofthe candidates interviewed as well as their performance duringthe interview" and observed thatduring theinterview theinterested parties "gave very satisfactory replies lo questions put tothem and generally they proved tobethe best candidates for appoint- 15 ment to thepost of warder". TheCommission, further "held the view that the remaining candidates were not suitable for appointment tothe above post, having regard totheir perform­ ance at the interview". As the elevant scheme of service provided that candidates for the above post must possess "a 20 very good knowledge of Greek", during the interview theCom­ mission put allthe questions to thecandidatesinGreekinorder to determine thecandidates' knowledge of this language; and from the replies to questions puttothecandidates theCommis­ sion was satisfied that the "interested parties" did possess 25 "very good knowledge of Greek". The Senior Superintendent of Prisons stated that all the interested parties "were servingin the Central Prisons ona temporary basis for some time, their services have been very satisfactory and that he considered them suitable for thepost of warder". 30 By these recourses the applicants did notchallenge the validity of the above appointmentsbut they merely complained thatthey themselves were not so appointed. Counsel for the applicants contended: (a) That in not selecting for appointment the applicants 35 the Commission wasinfluenced by the performanceof the candidates when they were interviewed onOctober 7, 1977. * Seeit minutes at pp. 15-16 post. 12 3 CX.R. (b) Thatthough under the relevant scheme of servicethere was required a "very good knowledge of the Greek language" ("πολύ καλή γνώσις της 'Ελληνικής γλώσσης"),yet, as it appeared from theminutes of the respondent Commission, the candidates interviewed by it were tested as regards their knowledge of the Greek language merely by asking all the questions put to them in Greek and without requiring them to sit for anexamination of any kind by meansof whichtheir knowledge as regards "writing in Greek'' could have been tested. •5 10 r Ie 2Q 25 20 -- ^ Stylianou & Another τ. P.S. C. ί (c) That though, as stated in the relevant minutes of the Commission, the Senior Superintendent of Prisons had informed the Commission that all the candidates were suitable for appointment to the post of warder, nevertheless the two applicants were not appointed to such post, without any adequate reason having been given by the Commission for not appointingthem. (d) Thatthelength of serviceof eachcandidate,in a temporary capacity, as a warder was not duly taken into account. Held,

(1)that though the Commission was influenced by the performance of the candidates during the interview the impres­ sion created by a candidate when he is being interviewed is a factor which may legitimately be taken into account; that such impression is of particular importance when his personality is a factor relevant to the performance of his duties; that the post of warder is, indeed,a post in relation towhich thepersona­ lity of its holder is of quite some significance since inthe relevant schemeof serviceexpressreference ismadeto"good personality" as a required qualification for appointment to the post in ques­ tion; and that, accordingly, contention (a) must fail.

(2)That in determining whether a certain applicant in fact •possesses the relevant qualifications the Commission is given a discretion, and this Court can only examine whether the Com­ mission, on the material before it, could reasonably have come to a particular conclusion (seePetsas v. The Republic, 3R.S.C.C. 60 at p. 63); that this Court has not been satisfied that the Commission, on the material before it, could not, reasonably, have come to the conclusion that the candidates interviewed by 13 Stylianou &Another v. P.S. C.

(1980)it for appointment to the post of warder did possess very good knowledge of Greek; that, therefore, there has not occurred in the exercise in this respect of the powers of the respondent Commission, a material error which can be treated as vitiating the decision not to appoint the two applicants to the said post; and that, accordingly, contention (b) must fail.

(3)That as it appears from the minutes of the Commission, the Senior Superintendent of Prisons did not include the applicants among those whom he recommended as suitable for appointment; that this was yet another reason which clearly justified the Commission's decision not to appoint them; and that, accordingly, contention (c) must fail. 5 10

(4)That in the relevant minutes of the Commission it is expressly stated that the "experience" of the candidates, which obviously includes the length of their service as temporary 15 warders, was given "proper weight"; that, therefore, contention (d) is not correct and it must fail. Applications dismissed, Cases referred to: Pattichis and Another v. The Republic

(1968)3 C.L.R. 374 at 20 p. 383; Panayiotou and Another v. The Republic

(1968)3 C.L.R. 639 at p. 642; Duncan v. The Republic

(1977)6 J.S.C. 828 at p. 838 (to be reported in

(1977)3 C.L.R. 153); 25 Christodoulou and Another v. The Cyprus Telecommunications Authority

(1978)3 C.L.R. 61 at p. 67; Panayidou v. The Republic

(1978)3 C.L.R. 144 at p. 153; Petsas v. The Republic, 3 R.S.C.C. 60 at p. 63; Georghiades and Others v. The Republic

(1967)3 C.L.R. 653 35 at p.

1. Recourses. Recourses against the decision of the respondent Public Service Commission not to appoint the applicants to the post of Warder in the Department of Prisons. 35 L.N. Clerides, for the applicants. G. Constantinou (Miss), for the respondent. Cur. adv. vult. 14 3 C.L.R. 1 Stylianou & Another v. P.S. C TRIANTAFYLLIDES P. read the following judgment. The applicants complain' against the decision of the respondent Public Service Commission not to appoint them to the post of warder in the Department of Prisons, which was communicated 5 to them by letters dated January 25,
2. The said decision was reached by the Commission on October 7,
3. On that occasion the Commission, after having interviewed, in the presence of the Senior Superintendent of Prisons, seventeen candidates, including the two applicants, proceeded 10 to appoint to the post of warder fourteen out of the said candidates and left one vacancy unfilled, for the time being, in view of the fact that no other candidate was considered as suitable for appointment thereto. It is to be noted that by their recourses the applicants do not 15 challenge the validity of the appointments, as stated above, of other candidates to the post concerned, but they complain, merely, that they themselves were not so appointed. The relevant part of the minutes of the meeting of the respondent Commission, on October 7, 1977, reads as follows: 20 " The Commission as well as the Senior Superintendent of Prisons put several questions to all the candidates on matters of general knowledge and on matters connected with the duties of the post as shown in the relevant scheme of service. 25 The Commission considered the merits, qualifications and experience of the candidates interviewed as well as their performance during the interview (personality, alertness of mind, general intelligence and the correctness of answers to questions put to them, etc.). 30 The Commission observed that, during the interview, Messrs. Christos Menelaou, Sawas Mardapittas, Michael S., Michael, Haralambos Hadjinicolaou, Andreas Kazikas, Georghios Lambrou, Kyriacos Vasiliou Kyriacou, Loizos Leonidou, Stavros Papadopoulos, Haralambos Patsalides, Alexandras Stylianou Christodoulou, Georghios Roushias, AndreasChr. Kyriacou and Michalakis Georghiou gavevery satisfactory replies to questions put to them and generally -they- proved : to be the best candidates for appointment 35 15 TriantafjHides P. Stylianou &Another γ. P.S. C

(1980)to the post of Warder. The Commission held the view that theremainingcandidateswere notsuitable for appoint­ ment to theabove post,having regard to their performance at the interview. The Senior Superintendent of Prisons stated that all the 5 candidates referred to in the preceding paragraph were servingintheCentralPrisonsonatemporarybasisfor some time, their services have been very satisfactory and that he considered them suitable for the post of Warder. According to the relevant scheme of service, candidates 10 for appointment to the post of Warder must possess *a very good knowledge of Greek'. In order than theCom­ mission might determine the candidates* knowledge of . this language, in accordance with the relevant scheme of service, all the questions put to the candidates, during the 15 interview, were in Greek. From the replies to questions put to the candidates referred to above, the Commission Was satisfied that the candidates in question did possess 'a very good knowledge of Greek'. After considering all the above and after taking into 20 consideration all the facts appertaining to each one of the candidates and after giving proper weight to the merits, qualifications, abilities and experience of these candidates, as well as to their suitability for appointmentto the above post as shown at the interview, the Commission came to 25 the conclusion that the following candidates were on the whole the best. The Commission accordingly decided that the candidates in question be appointed to the post of Warder w.e.f. 1.11.77, " Thepost of warder is a first entry post. At thematerial time 30 all the candidates for appointment to such post were already serving in that capacity on a temporary basis. Counsel for the applicants complains that in not selecting for appointmentthe applicants the Commission was influenced by theperformance of thecandidateswhentheywere interviewed 35 on October 7, 1977. It is true that it was so influenced, to a certainextent;thiscanbederived from itsabove quotedminutes. That the impression createdby a candidate,when he is being 16 3 C.L.R. Stylianou & Anotherv. P.S. C. Triantafyllides P. interviewed by the competent organ for appointment or promo­ tion to a particular post, is a factor which may legitimately be taken into account has been laid down by this Court in a number of cases, such as Pattichis and another v. The Republic, 5

(1968)3C.L.R. 374, 383,Panayiotouandanotherv. TheRepublic,

(1968)3 CL.R. 639, 642, Duncan v. The Republic,

(1977)* 6 J.S.C. 828, 838, Christodouhu and another v. The Cyprus Tele­ communications Authority,

(1978)3 C.L.R. 61, 67, and Panayidou v. The Republic,

(1978)3 C.L.R. 144, 153. 10 It is to be derived from theabove case-law that the impression created by a candidate when interviewed is of particular import­ ancewhen his personality is a factor relevant to the performance of his duties at such post; and the post of warder is, indeed, a post in relation to which the personality of its holder is of quite 15 some significance. There can be no doubt in this respect since in the relevant scheme of service express reference is made to "good personality" ("καλή τφοτω-τπκότης") as a required qualification for appointment to the post in question. Counsel for theapplicants has complained that thoughanother 20 qualification in the said scheme of service is "very good know­ ledge of the Greek language" ("πολύ καλή γνωσις της 'Ελλη­ νικής γλώσσης"), yet, as it appears from the relevant minutes of the respondent Commission, the candidates interviewed by it on the aforementioned occasion were tested as 25 regards their knowledge of the Greek language merely by asking all the questions put to them in Greek and without requiring them to sit for an examination of any kind by means of which their knowledge as regards "writing in Greek" could have been tested. 30 35 As it has been laid down in Petsas v. TheRepublic,3 R.S.C.C. 60,63,"indeterminingwhetheracertainapplicantinfact possesses the relevant qualifications the Commission is given a discretion, and this Court can only examine whether the Commission, on the material before it,could reasonably have come to a particular conclusion". Though, indeed, it has been held, in cases such as Georghiades and others v. The Republic,

(1967)3 C.L.R. 653, 669, that the ascertainment of the possession by a candidate of a required high standard of knowledge of a foreign language, such as • To be reported in

(1977)3 C.L.R. 153. 17 Triantafyllides P. Stylianou & Another v. P.S.C.

(1980)English, cannot sometimes be made properly by"merely asking questions at the interviews, the method of ascertaining the knowledge of the Greek language, through questions put to candidates during interviews, was not treated as being inappropriate in the Duncan case, supra (see at p. 835). In the present 5 case I have not been satisfied, in the light of the principle laid down in the Petsas case, supra, that the Commission, on the marerial before it, could not, reasonably, have come to the conclusion that the candidates interviewed by it for appointment to the post of warder did possess very good knowledge of Greek. 10 It is to be pointed out, in this connection, that the applicants cannot really complain about the method inwhich the possession of the required knowledge of the Greek language was ascertained by the respondent Commission, because they themselves, also, were found, together with all the other candidates, to have such 15 required knowledge; and it isto benoted that, asit appears from the applications for appointment of all the candidates, including the two applicants, the other candidates had completed at least six years of study at secondary schools, whereas applicant Stylianou had studied for only three and a half years at a 20 secondary school and applicant Loucaides had done so for only four years. So, even assuming that the Commission had gone further into the matter of the possession by the candidates of the required standard of knowledge of Greek, by looking at the educational 25 qualifications of the candidates, which were before it together with their applications for appointment, then the two applicants would have been found to be less educated as regards, inter alia, the Greek language, than all the other candidates. Having all the foregoing in mind I have not been satisfied 30 that there has occurred, in the exercise in this respect of the powers of the respondent Commission, a material error which can be treated as vitiating the decision not to appoint the two applicants to the post of warder. Counsel for the applicants has contended, also, that though, 35 as stated in the relevant minutes of the Commission, the Senior Superintendent of Prisons had informed the Commission that all the candidates were suitable for appointment to the post of warder, nevertheless the two applicants were not appointed to such post, without any adequate reason having been given by 40 18 3 C.L.R. Stylianou &Another v. P.S. C. Triaotafyllides P. the Commission for not appointing them. This contention of counsel for the applicants is not well-founded, because, as it appears from the minutes of the Commission, the Senior Superintendent of Prisons did not include the applicants among those 5 whom he recommended as suitable for appointment; and this was yet another reason which clearly justified the Commission's decision not to appoint them. Lastly, counsel for the applicants has complained that the length of service of each candidate, in a temporary capacity, 10 as a warder was not duly taken into account; in my view, this is not correct, because it is expressly stated in the relevant minutes of the Commission that the "experience" of the candidates, which obviously includes the length of their service as temporary warders, was given "proper weight". 15 20 For all the foregoing reasons I find that these recourses cannot succeed and they are dismissed accordingly; but in the light of all pertinent considerations I have decided not to make an order as to costs against the applicants. Applications dismissed. No order as to costs. 19