ACTING Chief Justice Ian Chang has ruled on an application by Deputy Principal of President’s College (PC) Yvonette Chichester, for writs of certiorari, on the basis that she had been sent on administrative leave against her wishes.The judge ordered that:
* an order or rule nisi of certiorari be directed to the Minister of Education to show cause why a writ of certiorari should not be issued, quashing her decision to send or approve the sending of Chichester on leave with effect from the September 11, 2013 until December 8, 2013, as set out in a letter dated September 11, 2013, under the hand of Delma Nedd, Permanent Secretary, on the ground and for the reason that the said decision to approve the sending of Chichester on administrative leave is unlawful, ultra vires, irrational, unreasonable, wholly in excess of jurisdiction, unreasonable, null, void and of no legal effect, in breach of the Teaching Service Commission rules, in breach of and denial of the principles of natural justice and legitimate expectations and ultra vires the President’s College Act of 1990;
* a rule nisi of prohibition be directed to the Minister to show cause why she should not be prohibited or prevented from effecting the measure.
Show cause
* the Minister will also have to show cause why she should not be prohibited or prevented from approving the transfer of the applicant from President’s College to Covent Garden Secondary School;
* an order or rule nisi of prohibition was also directed to the President’s College School Board, to show cause why it should not be prohibited and or prevented from proceeding to act upon the decision of the School Board Secretariat, made for and on behalf of the said President’s College School Board as set out in a letter dated January 4, 2013, under the hand of the Deputy Principal, from President’s College to Covent Garden Secondary School, on the ground and for the reason that the said decision to transfer Chichester is unlawful, ultra vires, irrational, unreasonable, wholly in excess of jurisdiction, unreasonable, null, void, and of no legal effect.
When the exparte application came before the Chief Justice last Monday, Attorney General Anil Nandlall appealed for the respondent and was granted 14 days leave within which to file an affidavit in answer and the case was adjourned to January 8, 2014.
Attorneys-at-Law, Mr. Roysdale Forde and Ms. Kesha Chase are appearing for Chichester.