(1987)1986 Αρπΐ 12 [TRIANTAFYLUDES Ρ] INTHE MATTER OF ARTICLE 146 OF THE CONSTITUTION ANDREASPAPANDREOU, Applicant, ν 1 THE EDUCATIONALSERVICECOMMISSION, 2 THE MINISTRY OF EDUCATION, Respondents. (CaseNo 597/84) Educational Officers — Secondment of an educationalist to the Paedagogical Academy — Refusal by appropnateorganstosecond applicantongroundof applicant'spast unsatisfactoryserviceat the Academy—Sub judicedecision could be reasonably and properly based on such a ground — This Court cannot interfere 5 Legitimateinterest—Omission toreply—Applicant proceeded withthesubstance of the complaint and did not sufferany detriment by reasonof the omission — Precludedfromchallengingthe omissionto reply The applicant, an educationalist, was included in the list of those recommendedfor secondmenttothePaedagogical Academy by theDirector of the DepartmentofSecondary Education TheDirectorofHigherEducation didnotaccepttheproposalregarding theapplicant,because hisserviceinthe pastattheAcademy hadnotbeensatisfactory Thisviewwas endorsedbythe Ministerof Education Hence thepresent recourse Itmustbe notedthattheapplicantcomplains 10 15 as well of an omission by the Ministry to reply to his objection against the secondmentof anotherEducationalisttotheAcademy As amatterof factthe Ministry replied after thefilingof therecourseHeld, dismissing the recourse
(1)The mattterof applicant's secondment was considered by theappropnateorgans and thereason for the refusal was one, onwhich they couldreasonably andproperly base theirdecision
(2)As the applicant, by means of this recourse, proceeded with the substance of his complaint that the other educationalist was wrongly seconded and as the failure to reply has not caused the applicant any 672 20 3 C.L.R. Papandreou v. E.S.C. detriment, the applicant is precluded from pursuing htscomplaint as regards theomission to reply Recoursedismissed No order as to costs 5 Cases referred to: Pdpandreou v. Educational ServiceCommission
(1987)3 C L.R 669. Kynakidesv The Republic, 1R.S C.C 66; Pitsrllosu. Mimcipality ofNicosia
(1982)3 C.L R. 754: Pitsillosv.CB.C
(1981)3C L R . 6 1 4 a n d o n appeal(1982J3CLR 208· 10 TheRepublic ν Nisstotou
(1985)3 C L.R. 1335 Recourse. Recourse against the refusal of the respondents to satisfy applicant's request forsecondment tothePaedogogical Academy of Cyprus. 15 A S . Angelides, for the applicant. R. Vrahimi (Mrs.), fortherespondents. Cur.adv. vult. TRIANTAFYLLIDES P. readthefollowingjudgment.By means of this recourse the applicant is challenging the refusal of the 20 respondents to satisfy his request for secondment to the Paedagogical Academy of Cyprus and. also, the failure toreply ίο his objection, lodged on the 8th October 1984, against the secondment to the Academy of another educationalist. G Papadopoulos. 25 The present recourse in so far as it was made against the secondment of G. Papadopoulos to the Academy was dismissed by meby means ofaninterimdecisionwhich was given onthe8th June 1985 (sec Papandreou v. The Educational Service Commission, case No. 597/84. not yet reported)* as, for the 30 reason?statedinsuchdecision, itwasfoundthattheapplicant had notalegitimate interest entitlinghim tochallenge thesecondment ofG. Papadopoulos. The aforementioned requestof the applicant was forwardedto the Director of the Department of Higher Education in the 35 Ministry of Education on the5thJuly 1984. *Reportedm 11987)3 C.L.R 669 673 Triantafyllldes P. Papandreou v. E.S.C.
(1987)On the20th September 1984 theDirectorof the Departmentof Secondary EducationintheMinistryof Education made proposals for postings of educationalists at the Academy and included therein the applicant On the 21st September 1984 the Directorof HigherEducation 5 stated that he could not accept the proposal of the Director of Secondary Educationregarding theapplicantbecause theservice of the applicant at the Academy in the past had not been satisfactory, and it appears that this view was endorsed by the Minister of Education onthe same day (see documentNo 233 in 10 the personal file of the applicant, 218/1968/3Γ). It is clear, therefore, that the matter of the secondment of the applicant to the Paedagogical Academy was duly considered by the appropnate organs in the Ministry of Education and his secondment was not effected for a reason on which they could 15 reasonably and properly base their relevant decision, and, therefore, I cannotinterfere judicially with such decision. Inso far as theapplicantcomplainsagainst anallegedrefusal or failure of the respondent Educational Service Commission to second him to the Paedagogical Academy it has to be observed 20 that the Commission could nottake any actioninthismatterasno proposal to that effect was placed before it by the Ministry of Education Theapplicant by means of aletterof his counsel, datedthe8th October 1984, objected against the secondment of G 25 Papadopoulos to the Paedagogical Academy On the 30th October 1984 a reply tothis letter was given by the Chairmanof the Educational Service Commission, but until the filing of the present recourse, on the 6th November 1984, the Ministry of Education had not replied to the said letter of counsel for the 30 applicant As a matter of fact after the filing of this recourse theDirectorGeneral of the Ministry of Education replied, on the 15th November 1984, totheaforementioned letter As the applicant has proceeded, by means cf his present 35 recourse, regarding the substance of his complaint that G Papadopoulos was, allegedly,wrongly seconded, instead of him, to the Paedagogical Academy and as the applicant has not established that the failure to reply to his objection to the 674 3 C.L.R. 5 10 Papandreou v.E.S.C. Triantafylllde· P. secondment of G. Papadopoulos has caused him material detriment, Iamof theopinion,in thetightof thecase-law of this Court, thatheisprecludedfrompursuingalsointhisrecourse his complaintaboutthefailuretoreplytohisobjection(see.interalia. inthisrespect,Kyriakidesv. TheRepuhliic, 1 R.S.C.C.66,Pitsillos v. The Cyprus Broadcasting Corporation,.
(1981)3 C.L.R. 614 (andonappeal
(1982)3 C.L.R.208).Pitsillos v. The Municipality of Nicosia.
(1982)3 C.L.R. 754, and TheRepublic v. Nissiotou.
(1985)3 C.L.R. 1335). Inthelightofalltheforegoingthepresentrecourseisdismissed: butwith nororderastoitscosts. Recoursedismissed. No order attocosts. 675