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clr/1987/1987_3_1992.pdf

(1987)1986July4 ITRIANTAFYLLIDEb Ρ. MALACHTOS DtMET«'At>E5 LOWS STyLlAMlOES Jl - A N D R O U L L A NASSARI. Appellant-Interested Pditv. v. KYR1AK1 DEMETRIOU A N D OTHERS. Responden ts-Apphcan ts. and T H E R E P U B L I C OF CYPRUS, T H R O U G H
  1. COUNCIL OFMINISTERS,
  2. MINISTRY OF EDUCATION,
  3. DIRECTOROFHIGHERANDHIGHEST EDUCATION, Respondents. (RevislonalJurisdictionAppealNo. 534). Revislonal jurisdiction appeal — Interested party ina recourse — Cannot appeal against annulling decision, ifhe hasnottakenpart in the proceedings on his own Revislonal jurisdiction on appeal— Interested party in severalrecourses — Annulling decision inallrecourses — Whetherinterestedparty can file an appealinonlysome oftherecourses— Questionansweredindienegative. The admission of theappellant tothe Paedagogical Academy of Cyprus was annulled by aJudgment ofaJudgeofthisCourt issuedinrecourses512/
  4. 534/84 and535/
  5. The appellant wasan interested party in all three recourses, butdidnottakepartonherown intheproceedings. Moreover, the appellant didnotfile anappeal against thejudgment in Recourse 534/
  6. The question that calls for determination is whether the appellant can pursue this appeal. Her counsel sought to distinguish this case from Theodondes v. Ploussiou
(1976)3 C.L.R.319 on thegroundthat thepresent appellant was not duly notifiedofrecourses 512/84 and 535/
  1. Held, dismissing the appeal, thatitwas notopen totheappellant tofilethis appeal against the annulment ofher admission tothe Academy bymeansof thejudgmentgivenindeterminingtogetherrecoursesNos.512/84and535/
  2. because even if such appeal would besuccessful, heradmission to the 1992 3 C.L.R. Nassari «. D«m«trioa ft Aaotb«r Academy would still remain annulled by means oi the judgment given in recourse No.534/.S4.against which she has not appealed Appeal dismissed Noorder as tocosts. 5 Casesreferredto Theodondesν Plousstou
(1976)3C.L.R. 319, Bagdadesv.Plousstou
(1984)3 C.L.R. 1556. Appeal. Appeal against thejudgment of aJudge of theSupremeCourt 10 of Cyprus (Sawides, J.) given on the 23rd November, 1985 {Revisional Jurisdiction Cases Nos. 512/84 and 535/84)* whereby the decision of therespondentstoadmittheappellant as a student inthe Pedagogical Academy as belonging to a special category was annulled. 15 E.EfstathiouwithM. Tsangarides, for theappellant - interested party. A. S.Angelides, fof respondents-applicants. A. Evangelou,Senior Counsel oftheRepublic,forrespondents. Cur. adv.vult. TRIANTAFYLLIDES P. read the following judgment of the Court. By means of the present appeal the appellant challenges thejudgment given on23 October 1985, inthefirstinstance,bya Judge of thisCourtindetrminingtogether recourses Nos. 512/84 and 535/84, which were filed under Article 146 of the 25 Constitution. 20 By the motions of relief in such recourses itwas claimed,inter alia, thatthe decision of the respondentorgans of the Republicof Cyprus, by virtue of which theappellantwas admittedasastudent to the Paedagogical Academy, was invalid; and by means of the 30 aforementioned judgment the said decision was annulled. None of the respondent organs of the Republic has filed an appeal against such judgment. At the commencementof the hearing of thisappeal there was raised by cOUhsel for the respondents — (applicants in the *Reportedtn
(1985)3C£Jt «SSL*' 1993 Triaatafpmd··P. NMMVI V.Dmnctrlou&Another
(1987)recourses) — the objection that the appellant could not lilt* tht' present appeal because she had not elected to take part on her own, as an interested party, in the proceedings before the trial Judge. In Theodorides v. Ploussiou.
(1976)3 C LR
  1. 3:^1 it was 5 heldthataninterestedpartyisnotentitledtofileanappeal ifhehat. notelected totakeparton hisown inthefirst instance proceedings in which the appealed from judgment .w(is given. nn<d the· Theodorides case was affirmed in Bagdades v.Ploussiou.ί IVtiA) 3 C.L.R.
  2. Itwas argued by counsel for the appellant thatthepresent ΟΊΜ? is distinguishable from the Theodorides and Bagdades crises supra, inasmuch as the appellant was not duly notified as an interested party inrecourses Nos.512/84 and535/84 inrespectof which thejudgment against which she appeals was given 10 15 We have perused therelevant Courtrecords,which are before us,and itappears thatasimilar recourse. No.516/
  3. was made against the admission of the appellant to the Paedogogical Academy and that when she was notified as an interested party about such recourse, by meansof a noticedated2January
  4. 20 she was notified, also, by a «note» endorsed on such notice,that there had, also, been made recourse 535/84 against her admission tothesaid Academy, and thatacopy of theApplication insuch recourse was attachedtothesaid notice,which was served personally on theappellant on 14January
  5. 25 Notwithstanding the said «note» the appellant did not seek to takeparton her own intheproceedings inrecourse No. 535/
  6. Eventually recourse No.516/84 was withdrawn astheoutcome of recourse No. 512/84 would dispose of the subject-matter of recourseNo.516/84, too. The admission of the appellant to the Paedagogical Academy was challenged by means of yet another similar recourse. No. 534/84, and she was notified, as an interested party, about such recourse,too,by meansofanoticedated 10October 1984, which was served personally on her on 19 November
  7. In this 35 recoursejudgment was given on 23 October 1985 annulling the admissionof the appellanttothe Academy,on thesameday when the judgment against which the present appeal was made war given in recoursesNos. 512/84 and 535/84 1994 30 3 CX.R. N u s a r i v. Dentitrioa &Another TriantafyUJd*· P. Though the appellant appealed, by means of the present appeal, against the judgment annulling her admission to the Academy which wasgiven in recourses Nos.512/84 and 535/84 she did not appeal against the judgment given in recourse No. 5 534'S4.which alsoannulled her admission tothe Academy. Since the appellant did not seek totake part on her own inthe proceedings inrecourseNo.535/84shecannotappealagainstthe judgment given inthatcase,which is. actually, thesame judgment as that which was given in respect of recourse No. 512/84 and 10 againstwhichthepresentappeal hasbeen made. Even assuming, however, that, because the appellant was not formally notified as an interested party inrespect of recourse No. 512/S
  8. she can appeal against the present judgment which determined together that recourse and recourse No. 535/
  9. 15 there remains the fact that she has not appealed against the judgment which wasgiven inrecourse No.534/84 and by means of which her admission to the Paedagogical Academy was annulled. We are. therefore, of the opinion that it was not open to the 20 appellanttofilethisappealagainsttheannulmentofheradmission to the Academy by means of thejudgment given in determining togetherrecoursesNos.512/84and535/84,becauseevenifsuch appeal wouldbesuccessful heradmissiontotheAcademywould stillremainannulled bymeansofthejudgmentgiveninrecourse 25 No.534/84, againstwhichshe hasnotappealed. Inthe light of all the foregoing theappellant cannot pursue the presentappealwhichisdismissed,butwithnoorde*astoitscosts. Appeal dismissed. Noorderastocosts. 1995

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