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(1982)1982 August 18 [A. Lpizoy, J.] IN THE MATTER OF ARTICLE 146 OF THE CONSTITUTION AGNI N. SQFOCLEOUS, Applicant, THE REPUBLIC OF CYPRUS, THROUGH THE EDUCATIONAL SERVICE COMMITTEE, Respondent. (Case No, 258/81). Educational officers—Elementary Education School teachers—Transfers—Within discretion of Educational Service CommitteeTransfer of Assistant Headmistress in accordancewith educational needs—Discretion of respondent Educational Service Committee properly exercised on the material before the Court. 5 "Educational needs"—"Needs of the Service"—^'Interest of the service"—"Interest of the Education"—"Educational reasons" —Regulation 13(
  1. a)and (
  2. b)of the Educational Officers (Teaching Staff) (Appointments, Postings, Transfers, Promotions and Related Matters) Regulations, 1972. 10 Educational Officers—Elementary School teachers—Transfers—They need not be made to a more favourable post—There may be transfers anywhere for educational needs and for disciplinary grounds—Proviso (
  3. i)to regulation 16 of the Educational Officers (Teaching Staff) (Appointments, Postings, Transfers, Promotions 15 and Related Matters) Regulations, 1972. Administrative Law—Administrative acts and decisions—ReasoningSupplemented by material in the relevant file. The applicant, an Assistant Headmistress in the Elementary Education, who has since 1974 been posted at Strovolos 20 Elementary School, was on June 25, 1981 transferred by the 786 3 C.L.R. 5 10 15 Sofocjeous v. Republic respondent Committee to Tseri Elementary School with effect from September 1981; and hence this recourse. The sub judice transfer was effected after a list of vacancies and other require­ ments was sent by the,appropriate authority to the respondent Committee. .The" πυημίφ of the respondent Committee in so far as relevant "reads:"'"The Educational Service Committee having studied theapplications for transfer whichweresubmitted by educational officers of elementary education and having in mind (
  4. a)the provisions relating to transfers in theEducational Service Laws 1969-1979, as well as the Educational Officers* Regulations of 1972 to (No. 2) of 1974; (
  5. b)the general and the per school educational needs as they were communicated by the department of elementary education decides the transfers which appear on the attached appendix to these minutes and which will take effect as from the 1st September, 1981". Counsel for applicant mainly contended: 20 25 (
  6. a)Thatthetransfer of theapplicantcould only bepossible if made to a more favourable post as provided by regulation I6
(3)(i)* of the Educational Officers (Teaching Staff) (Appointments, Postings, Transfers, Piomotions and Related Matters) Regulations, 1972; and that under regulation 13(a)(i)** she could notbe transferred as she had only served in Strovolos for three years instead of the desired minimum of four. (b) That the sub judice decision was not duly reasoned. 30 Held,
(1)that a"transfer need not be to a more favourable post only, because there may be transfers anywhere for educational needs or in the case of disciplinary transfers (see paia.(i)of theproviso to regulation 16of theabove Regulations quoted at p. 791 post). 35
(2)That the question of postings and transfers is a matter within the competence of the respondent Educational Service Committee; that for the proper exercise of its discretion, the respondentCommitteemustcarry outadueinquiry andconsider, subject to the exigencies of the service as the paramount * Regulation 16
(3)(
  1. i)is quoted at p. 791 post. ** Regulation 13(a)(
  2. i)is quoted at pp. 793-94 posi. 787 Sofocleous v. Republic
(1982)consideration,thepersonal circumstancesof all officers, including thehardshipthatitwillbecaused tothem,aswellas theequality of treatment between officers and to act in accordance with the provisions of the relevant laws and regulations, including, of course, the general principles of Administrative Law; that, on the material before it, this Court is satisfied that therespondent Committee has done so and exercised its discretion properly. 5
(3)That the sub judice decision is duly reasoned because the reasoning therefor is supplemented by the material in the file. 10 Application dismissed. Cases referred to: Lambrou v. Republic
(1970)3 C.L.R. 75 at p. 78; Saruhan v. Republic, 2 R.S.C.C. 133; Koraiv. C.B.C.
(1973)3 C.L.R. 546 at p. 568; Nissisv. Republic
(1967)3 C.L.R. 671 at p.
  1. 15 Recourse. Recourse against the decision of the respondent whereby applicant was trot'-ferrcd from Strovolos " C " Elementary School to Tseri Elemenlaiy School. 20 A.S. Angelides, for the applicant. Λ/. Kyprianou, Senior Counsel of the Republic, for the respondent. Cur. adv. vult. A. Loizor J. read the following judgment. By the present recourse the applicant seeks the annulment of the decision of the respondent Committee by which she was transferred as from the 1.9.1981 fiom the Strovolos " C " Elementary School, where she was serving as Assistant Headmistress, to the Tseii Elementary School. 25 30 The salient facts of the case which have already been set out in myjudgment(*) on theapplication on a provisional order, ate these: The applicant, upon hei appointment as schoolmistress 35 * Reported as Agni Sofocleous v. The Republic (.1981) 3 C.L.R. p.
  2. 788 3 C.L.R. 5 Sofocleous v. Republic A. Loizou J. in the Elementaly Education, was posted to Galini Elementary School and from 1959-1961 she was transferred to her village Katydata. On her own application and giving as a reason her marriage to her husband who as a member of the Police Force was—and has been since then—posted in Nicosia, where the matrimonial home was to be set up, she was transferred to Nicosia andhas beenservinghers in various schools eversince. In fact, since 1974, she has been posted at Strovolos " C " Elementary School. 10 The applicant is an active trade-unionist in the Elementaly School Teachers' Oiganization (POED), having been elected at the elections of POED on the 24th May, 1981, for two years as a general representative. The Headmaster of Strovolos " C " Elementary School is the new President of POED, whom 15 she replaces when he is engaged with his trade union activities. The sub judice transfer of the applicant was effected after a list of vacancies and other icquirements (exhibit 1) was sent by the appropriate authority to the respondent Committee and the minute of the respondent Committee dated the 25th 20 June, 1981,(exhibit 2) in so far as relevant reads: "The Educa­ tional Service Committee having studied the applications for transfer which were submitted by educational officeis of elementary education and having in mind (a) the provisions relating to transfers in the Educational ServicsLaws 1969-1979, 25 as well as the Educational Officers' Regulations of 1972 to (No. 2) of 1974; (b) the general and the per school educational needs as they were communicated by the depaitment of_elementary education decides the tiansfuts which appear on the attached appendix to these minutes and which will take effect as from 30 the 1st September, 198Γ. The applicant by letter dated 2.7 1981 (Appendix E) objected to the transfei and the reasons she gave for her objection were that she is doing specialised work at the Strovolos School, that her husband is a member of the Police Force stationed 35 in Nicosia and, so, she cannot use the family car to travel to Tseri and, that she has already worked in rural areas from 1956 -
  3. After the filing of this recourse she was informed by the respondent that her objection had been turned down. 789 Λ. ΙΛΙΖΟΙΙ .
  4. Sofocleous v. Republic
(1982)The recourse is based on the following grounds of Law:
  1. The respondents have acted contrary to Law and or the Regulations, namely the Educational Officers (Teaching Staff) (Appointments, Postings, Transfers, Promotions and Related Matters) Regulations, 1972, as amended, 5 hereinafter to be referred to as the Regulations, and or in excess or abuse of power, and or without competence and contraiy to the interests of education.
  2. The respondents failed to carry out a proper inquiry.
  3. The respondents decision constitutes a disciplinary action and or was intended to serve other purposes than the educational needs and or was taken contrary to theprin­ ciple of equality and the Rules of Natural Justice.
  4. The respondents omitted to examine the fact that being involved in trade union activities, the applicant ought not to be moved away from her post in Nicosia, and
  5. 10 15 The sub judice decision is not duly reasoned and its reasoning cr.nnot be completed from the material in tlv: tile. It has been argued that the transfer of the applicant was 20 only possible if it was made to a more favourable post as provided by regulation 16
(3)(i), or if her further stay at the same school conflicts with a justified request of anothereducational officer for lransfci under subparagraph (ii) of the same regu­ lation. Moreover, according to regulation 19(l)(c),educational 25 officers promoted to Assistant Headmasters arc liable to transfer to schools in rural areas provided they have not already served in such schools before their promotion or if the needs of the service so demand and in the case of the applicant she had in fact been promoted some years earlier and she had already 30 served in lural areas and there was nothing to suggest that educational needs demanded her said transfer. It was further argued that under regulation 13(a)
(1)she could not be transferred as she had only served in Strovolos for three years instead of the desired minimum of four, as provided by 35 the said regulation. 790 3 C.L.R. Sofocleous v. Republic Λ. Loizou J. Regulation 16, in so far as relevant to this case reads as follows: "16.-
(1)Educational officers arc transferred— (
  1. a)in accordance with the educational needs; 5 (
  2. b)on their own application for serious personal or family reasons, provided that the interest of the service is also served.
(2)10 15 „ __.
(3)The educational officers transferred as above arc subject to further transfer, after having served for a certain period of time and as possibilities for transfer may occur, as follows: (
  1. b)School-teachers are transferred to larger Β schools and subsequently, after serving at such schools, and depending on possibilities that may arise, are transferred to A schools: Provided that in both the above instances— (
  2. i)thetransfer is to a more favourable for theeducational officer post, except in casus of transfer for educational needs or disciplinary transfers; 20 (
  3. ii)an educational officer is not transferred without an application on his part except if there exist educational reasons οτif his further stay at thesameschool conflicts with a justified request of another educational officer for transfer". 25 It is clear from the wording of para, (
  4. i)of the proviso to the aforesaid regulation thata transfer need not be toa more favour­ able post only but there may be transfers anywhere for educa­ tional needs or in the case of disciplinary transfers. The applicant has, however, contended that there do not appear to exist any educational needs in her case, or that such educa­ tional needshave beenverified toexist by theappropriateAutho­ rity as denned in section 2 of the Public Educational Service Laws, 1969 to 1979, which is the Minister acting through his Director-General. Moreover such needs must be specific 30 791 Λ. Loizou J. Sofocleous v. Republic
(1982)and not general or vague, (Lambrou v. The Republic
(1970)3 C.L.R. 75 at p. 78). It was further argued that the fact that anothereducational officer was transferred from Tseri to Nicosia, thus creating a vacancy, cannotbe considered as having created aneducational needwhich has been as such verified by the appropriateAutho­ rity according to regulation 14
(1). 5 It appearsthattherewererequiredat Tseri Elementaryschool, where during the year 1980-1981 there served six teachers, two more teachers for the year 1981-1982 in order to bring 10 the staff of that school to a total of eight teachers, as stated in the list (exhibit 1), which is the document prepared by the appropriate Authority and forwarded to the respondent Com­ mittee, setting out,and to my mindverifying therein theeduca­ tional needs of the various elementary schools of the Nicosia ]5 district, in fact, from the-relevant documents and files it transpires that the respondent Committee transferred three teachers, other than the applicant, to Tseri as one of the six teachers serving there was also transferred to Nicosia. More­ over in the list of transfers attached to exhibit 2, it is shown 20 that a certain Polymnia Philippou, an Assistant Headmistress was transferred from Tseri to Nicosia by decision of the respondent Committee, taken at its meeting of the 25th June 1981, that is at the same meeting at which the transfer of the applicant was also decided. As a result of this a vacancy was 25 created at this school for an Assistant Headmaster or Heads mistiess, which had to be filled so that the educational needs of the school, as verified by the appropriate Authority would be satisfied. As stated in the affidavit sworn by Mr. Andreas Papadouris, 30 a member of the respondent Committee, Polymnia Philippou being the youngest Assistant Headmistress, was transferred for a year to Tseri, and in the following year she was replaced by the applicant as having after her the lesser years of service. The intention of the respondent Committee being that on the 35 subsequent year the applicant would also be replaced by the Assistant Headmistress or master, who was next in the line of seniority starting from the most senior. There being obviously a duly verified educational need at 792 3 C.L.R. Sofocleous v. Republic A. Loizou J. Tseri Elementary School to have an Assistant Headmaster or Mistress posted there, the applicant could be so transferred under the Regulations and regulation 19(l)(
  1. c)in particular, which provides that those promoted to the post of Assistant 5 Headmaster, Elementary education, arc subject to transfer to schools of rural areas, if they have not already served in such schools before their promotion, or if the needs of the service require this. It mayalso besaid that a specific request for the posting there ofan Assistant Headmaster wasnot neces10 sary asa teacheris defined insection 2 ofthe Public Education Service Law, 1969to mean the Educational officer appointed for serviceinpublicschools ofelementary educationand includes a Headmaster anda kindergarten instructor, and "educational officer" is defined in regulation 2 of the Regulations to mean 15 a member of the teaching staff, and "a teaching staff" is defined to mean a teacher. 20 The term "educational needs" is defined in regulation 13(
  2. a)of the Regulations and according to paragraaph (
  3. b)thereof the terms "needs of the service", "interest of the service", "interest of the education" and "educational reasons" arc all interpreted as meaning "educational needs". Regulation 13(a)(
  4. i)which is in part three of the Regulations under the heading "Postings and Transfers", provides. "13. Διά τους σκοπούς του παρόντος Μέρους— 25 30 35 (
  5. cc)μη επηρεαζόμενης τηςεΰρύτητος της εννοίας τουόρου, ' εκπαιδευτικά! άνάγκαι* νοούνται κατά κυριον λόγον— (ι) ή κατανομή τοϋ διδακτικού προσωπικού, περι­ λαμβανομένων και των διευθυντικών θέσεων, κατά τρόπον έξασφαλίζοντα την επαρκή έπάνδρωσιν τών σχολείων καΐ τήν κατά σχολεΐον ϊσόρροπον σύνθεσε τού τοιούτου προσωπικού καθ' όσον άφορα είς τά προσόντα, τάς ειδικότητας καΐ τό φϋλον. Προκειμένου περί διευθυντών σχολείων συμπεριλαμβάνεται και ή ανάγκη εξασφαλίσεως σταθερότητος διά της παραμονής αυτών είς τό αυτό σχολεΐον έττΐ τίνα έτηκαΐ,ε! δυνατόν, μέχρι τεσσάρων ετών τουλάχιστον (ιι) ή δυνατότης παροχής καθοδηγήσεωςκαΐβοηθείας 793 A. Loizou J. Sofocleous v. Republic
(1982)είςνεοδιοριζομένουςεκπαιδευτικούςλειτουργούςπρος Βιευκόλυνσιυ της επιτυχούς προσαρμογής αυτών είς τό επάγγελμα* (
  1. tu)ή ευχέρεια διευθετήσεως περιπτώσεωνυπαγορευό­ μενων έξ άλλων νομίμων λόγων 5 (ιν) εξαιρετικά!περιπτώσεις ύπαγορεύουσαιάμεσον λύσιν προς όμαλήν λειτουργίαν των σχολείων". ("13. For the purposes of this part— (
  2. a)without prejudice to the generality of the meaning of the term "educational needs" are understood mainly— (
  3. i)the distribution of the teaching staff, including the managerial posts, in a way safeguarding the sufficient manning of schools and the balanced composition of such staff regarding the qualifications, specialities and sex. fn the case of Headmasters there is included the need for safe­ guarding stability by their stay at thesame school for some years and, if possible, for at least four years; 10 15 20 (
  4. ii)the posiibility of granting guidance and help to newly appointed educational officers for facili­ tating theirsuccessful adaptationto the profession; (iii) the ease of settling cases dictated by other legal reasons; (
  5. iv)exceptional cases directing immediate solution for the smooth functioning of the schools"). It is clear that the apportionment and distribution of the leaching staff, including managerial posts, in a manner securing the satisfactory manning and the balanced composition of such 30 staff in every school with regard to their qualifications, speciali­ zations and sex, is an educational need and it is in view of this definition that I have concluded thatexhibit 1sets out the educa­ tional needs of the schools as it gives the distribution and apportionment of the staff in respect of each school in the 35 Nicosia District, including that of Tseri Elementary School with which we have been concerned. 794 25 3 C.L.R. Sofocleous v. Republic A. Loizou J. The last part of the aforesaid paragraphs shows, without myselfdecidingwhethertheterm"Headmaster"therein includes an Assistant Headmaster, but assuming that it does, that the provision for a Headmastertoremain for someyearsinaschool 5 and if possible up to at least four years, is not an imperative one and therefore the decision to transfer from Strovolos to Tseri the applicant after serving less than three years at the former, does not constitute a violation of this provision. The question of postings and transfers is no doubt a matter 10 within the competence of the respondent Committee, whereas theverification oftheeducational needsas denned inregulation 13 isa matter within thocompetence ofthe appropriate Authority. Inevitably when there exist vacancies in schools and also when consequential vacancies arc created when the respondent 15 Committee finds legitimate and grants the applications of educational officers for transfer, there exist educational needs as denned in regulation^ to be specified by other transfers. It isthen upon the respondent Committee to exercise itsdiscretion and decide as to which officer will be transferred tofill 20 such vacancies, so that the educational needs of each school will be satisfied. For the proper exercise of its discretion, the respondent Committee must carry out a due inquiry and consider,subject totheexigenciesoftheserviceastheparamount consideration, the personal circumstances of all officers, 25 including the hardship that it will be caused to them, as well as the equality of treatment between officers and to act in accordance with theprovisions of the relevant lawsand regulations, including, of course, the, general principles, of Administrative Law, 30 On thematerial before me, Iam satisfied that the respondent Committee has done so and exercised its discretion properly. I do not agree that there were special circumstances as regards the applicant which had not been duly considered. As I said in my judgment on her application for a provisional order 35 " —her claim that this transfer may interfere with her trade union activities, cannot really stand because of the nature of the office she holds in POED—she is called upon to vote from time to time at general meetings—and that such transfer docs not call necessarily for a change of residence. Nor does the 40 fact that she frequently acts for the Headmaster because of his 795 A. Loizou J. Sofocleous v. Republic
(1982)absence on account of his trade union activities can have by itself a bearing in this case inasmuch as acting for the Headmaster of a school is one of the duties that under the relevant scheme of service an Assistant Headmaster/Mistress is called upon to perform". Moreover the pioneer work that she developed at Strovolos school can equally be continued at Tseri for the benefit of the pupils of that school also. Needless to say that Tseri village is only a few miles away from Strovolos where she resides and is served by a regular bus service. - 10 The next ground of law relied upon on behalf of the applicant is that her transfer was effected because she belongs to the Movement of the teachers that won the last election at the Pancyprian Organization of Greek Teachers (POED) and not for the reasons given by the respondent Committee in this 15 subjudice decision. In support of this contention a comparable table of the officers and general representatives of the two rival Movements in the Teachers Organization has been produced (exhibit 7) showing that more educational officers belonging to the Movement to which the applicant belongs 20 were transferred than those belonging to the rival one. Iam not satisfied that byitself and without any other concrete evidence, including the personal files and records of the career of each officer appearing onthis comparable table, the applicant has discharged the onus ofestablishing excessor abuse of power 25 which lests upon her who isthe one who makes this application (see Saruhan v. Republic, 2 R.S.C.C. 133, at p. 136 (c); Korai v. C.B.C.
(1973)3 C.L.R. 546, at 568; Nedjati Administrative Law (Ed. 1974),pp. 250-251; Nissis v. Republic
(1967)3 C.L.R. 671. at 675). This ground, therefore, must also fail. 30 Finally it has been argued that the sub judice decision is not duly reasoned. I do not accept that contention as the reasoning for the subject decision is supplemented by the material in thefileand in so far as her objection to thetransfer is concerned, the respondent Cornmitlee at its meeting of the 15th October, 35 1981, found (see Minutes exhibit 8).that the transfer of the applicant was necessitated by the educational needs and rejected her application. 796 5 3 C.L.R. Sofocleous v. Republic A. Loizou J. Having been satisfied that the sub judice decision was taken in accordance with the law, including the general principles of administrative law and the relevant regulations and that the reasoning for it can be deducted from all the material in 5 the file and that it was taken after a proper inquiry into the circumstances ofalltheeducational officers concerned, including the applicant, and that same was reached because of the educational needs of the schools concerned and not for any otherpurpose as claimed by the applicant, this recourse should fail. 10 Oneshould not losesight ofthe fact that, as mentioned earlier in thisjudgment, the applicant served the first five years of her service at or near her home village and that she was transferred to Nicosia upon her engagement in 1961 and has, eversinct, served here, though in the meantime promoted to an Assistant 15 Headmaster and that by the sub judice decision she was transferred only for a year to what is, nowadays, almost a suburb of Nicosia town. For all the above reasons this recourse is dismissed but in the circumstances 1 make no order as to costs. 20 Application dismissed. No order as to costs. 797

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