(1987)1987 March 10 (P1KIS J ] INTHE MATTER OF ARTICLE 146 OF THE CONSTITUTION STAVROS STAVROU AND ANOTHER Applicants, ν THE REPUBLICOF CYPRUS,THROUGH THE EDUCATIONALSERVICECOMMISSION, Respondents (Case No 767/85) Schemes of Service — Nature of— Publicationin the Official Gazette — In the absence of a legislative requirement to that effect, not acondition precedent to theirvalidity Vested nghts — No one has a vested nght in the non change of the law — Expectation to acquireanght — Should not be confused withthe accrualof the nght Constitutional Law — Equality — Constitution, Article28 — Qualification for appointment ofteachersinelementaryeducation— Changemthescheme of service by postulating that only graduates of the Cyprus Paedagogical academy willbe eligiblefor appointment asteachersinelementaryeducation — Does not offend principle ofequality The applicants, who were graduates of theGreek Paedagogical Acadamy, involving a two year cycle of studies, were informed in 1981 that by completing a three-year cycle of studies attheschool for thePostEducation of Elementary School Teachers m Greece, they would qualify for appointment in the Cyprus Elementary Educational Service Though they completed the course suggested, they were found ineligible for such appointment as in the meantimethere was a change intherelevant scheme of service Hencethepresent recourse,whereby applicants complainthatthescheme of service is invalid for lack of publication in theOfficial Gazetteand thatby such scheme they were divested of a vested nght and that such scheme offended thepnnciple of equality 276 5 10 15 20 3 C.L.R. Stevrou ft Anotherv. Republic Held,dismissingtherecourse:
(1)Intheabsence ofalegislative requirement, publication of a scheme of service in the Official Gazette isnot a condition precedent toitsvalidity. 5 10 15 (2}Schemes of service, being legislative instruments, may be changed at thediscretionoftheauthoritycompetenttolegislateinthematter.Noonehas avestedrightinthenonchangeofthelaw.Theexpectationtoacquirea right mustnotbeconfused withtheaccrualofaright(Republicv. Menelaou
(1982)3 C.L.R.419distinguished).
(3)The information given to the applicants in 1981 was accurate in accordance with the state of the law at the time. No one can bind the competent authority nottoalterthelaw.
(4)The complaint for discnminatory treatment is unfounded. There is nothing inherentlyoffensive inpostulatingthatonlygraduatesoftheCyprus PaedagogicalAcademywillbeeligibleforappointmentaselementaryschool teachers, Recourcedismissed. No orderastocosts. Cam referredto: Economidesv. 77ie/?epuW/c
(1972)3C.L.R.506; 20 vaWsv.77ie/?epuWic
(1984)3C.LR. 952. Popadopoulouv.TheRepublic
(1984)3C.L.R. 332; Republicv. Menelaou
(1982)3 C.L.R.419. Recourse. Recourseagainstthedecisionoftherespondentswherebythe 25 applicantsweredeclaredineligibleforappointmentasElementary Schoolteachers. A. Panaytotou,fortheapplicants. R. Vmhimi—Petrides(Mrs.),fortherespondents. Cur. adv. vult. 30 PIKIS J. read the following judgment. The applicants challenge a decision of the Educational Service Commission communicated on 4th July, 1985,wherebythey were declared ineligiblefor appointmentasElementarySchool-teachersforthe 277 PlttlsJ. SUVTOU ft Another v.Republic (19B7) reason thattheylacked thequalifications requiredbythescheme ofservice.Whilethey.donotdisputethattheydidnotpossessthe qualifications envisagedbytheschemeofservice,theycontestits validity for a number of reasons, formal and substantive. Moreover, they charge the administration with bad faith inthat 5 while they encouraged them to believe that acquisition of an additional qualification would entitle them to apply for appointmentaselementaryschoolteachers,eventuallytheywere disqualified in virtue of the provisions of the scheme of service approved on20thMay,1982,theninforce. 10 Thecircumstancesoftheapplicantswerethefollowing: They were graduates of the Greek Paedagogical Academy, involving a two-year cycle of studies, that qualified them as teachersunder Greeklaw.In1981theysoughtinformation from theappropriatedepartmentofEducationaboutthequalifications 15 needed toqualify forappointmentaselementaryschoolteachers inCyprus.They were informed that by completing athree-year cycleofstudiesattheschoolforthePostEducationofElementary SchoolTeachersinGreece,theywouldqualifyforappointmentin the Cyprus Elementary Educational Service. The information 20 imparted by the Ministry of Education wasno doubt correct,in accordance with the scheme of service then in force. The complaint of the applicants is that though they completed the course suggested, nonetheless they found themselves ineligible forappointmentinCyprusinviewofthechangeintheschemeof 25 serviceintroducedon20thMay,1982.Thenewschemeofservice purported to divest them of a vested right and as such was inapplicableintheircase.Furthertheycontendeditwasinvalidab initio for lack of publication in the official Gazette. Moreover, it offended, in the submission of the applicants, the principle of 30 equality safeguarded by Art. 28 in that it discriminated against holdersofcomparablequalifications inGreece. I find none of the reasons put forward in support of the applicationforreviewasjustifyinginterferencewiththesubjudice decision.Myreasonsarethefollowing: To begin, itisjudicially settled that publication in the official Gazetteisnotesssentialforthevalidityofaschemeofserviceo) Consequently,theabsenceoflegislativerequirement,publication (l)Econamldesv.RepubIlca982)3C.L.R.506.Vakisv.Republ!c
(1984)3C.LR.952. 35 3 C.L.R. Stavrou &Anotherv. Republic Plkls J. intheGazetteofaschemeofservicedesirablethough itis,itisnot a condition precedenttoitsvalidity.Secondly, schemesofservice beinglegislative instruments may be changed atthediscretion of the authority competent to legislate in the matter, that is, the 5 CouncilofMinisters.Noonehasavestedrightinthenon change of the law. Unlesstherighthas crystalized under existing law and vested assuch inthe beneficiary, no rightisacquired in law
(1). The expectation to acquire arightmust not be confused with the accrual of a right. The decision of the Full Bench in Republic v. 10 Menelaou
(2)citedintheaddressofcounsel fortheapplicants,is distinguishable from the present case. That case decided an amendment to the lawleaves unaffected rights acquired through public contracts, that is, contracts entered into pursuant and in accordancewiththeprovisionsof thelawbefore itsamendment. 15 Thirdly, the information given them by the Educational Authorities before the amendment of the scheme of service and the expectations generated thereby, cannot validate their complaint.The information wasaccurate, in accordance with the state of the law at the time. Further, no one can bind the 20 competent authority not to alter the law as it may deem appropriate. Lastly,thecomplaintfordiscriminatorytreatmentisunfounded. The authority competent to lay down the schemes of service for any particular public post has a wide discretion to settle the 25 qualification needed according to the needs ofthe service.There isnothinginherentlyoffensive inpostulatingthatonlygraduatesof the Cyprus Paedagogical Academy will be eligible for appointment as elementary school teachers. No doubt the decision was fashioned to the understanding of the Council of 30 Ministersoftheneedsof the Elementary Education in Cyprus. For all the above reasons the recourse tails. The decision is confirmed in accordance with Art. 146.4(a) of the Constitution. Lettherebe no orderastocosts. Recourse dismissed. No orderasto costs. 35 (l)Papadopouhuv. Republic
(1984)3C.LR.332.
(2)
(1982)3C.L.R.419. 279