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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(1966) 3 CLR 480
1966 May 17
[ZEKIA, P., VASSILIADES, MUNIR, JOSEPHIDES, JJ.]
ELENI IOANNIDOU,
Appellant-Applicant,
and
THE REPUBLIC OF CYPRUS, THROUGH
THE PUBLIC SERVICE COMMISSION,
Respondent.
(Revisional Jurisdiction Appeal No. 11).
Administrative Law-Constitution of Cyprus, Article 146.1 and 2-Public Offices-Filling the post of Administrative Secretary, Planning Commission-Trial Court's decision that the examination for ascertaining the suitability of candidates for the said office was merely a preparatory act and could not be the subject of a recourse by the applicnat-appellant, upheld by Court of Appeal.
Constitutional Law-Constitution of Cyprus, Article 146.1 and 2-Recourse under Article 146.2-Examination for ascertaining the suitability of candidates for the office of Administrative Secretary, Planning Commission-A preparatory step and not a final executory act-Therefore no recourse possible by applicant-appellant under Article 146.2-Trial Court's decision on the point upheld by Court of Appeal.
In this appeal the appellant appealed against the judgment of a Judge of the Supreme Court, exercising the revisional jurisdiction of the Court, dismissing her recourse which inter alia was directed against the validity of an examination held by the respondent Public Service Commission for the purpose of selecting a candidate for the post of Administrative Secretary.
The trial Judge held that the holding of an examination for ascertaining the suitability of the candidate for the office in question was, merely a preparatory act and could not be the subject matter of a recourse by the appellant.
Held, affirming the judgment of the trial Court:
We have not been persuaded that the Court below was wrong in holding that the applicant (appellant) at the time she lodged the recourse was not entitled to do so under Article 146.1 and 2 and, therefore, the present appeal is dismissed.
Appeal dismissed. No order as
to costs.
Appeal.
Appeal against the judgment of a Judge of the Supreme Court of Cyprus (Triantafyllides, J.) given on the 22nd December, 1965 (Revisional Jurisdiction Case No. 53/63) dismissing a recourse against the validity of an examination held on the 28th March, 1963, in relation to the post of Administrative Secretary, of the Planning Commission.
A. Pantelides, for the Appellant.
L. Loucaides, Counsel of the Republic, for the Respondent.
The judgment of the Court was delivered by:-
ZEKIA, P.: This appeal relates to the application of Article 146.1 and 2 of the Constitution to the particular facts of this case. The facts of the case are given in the Judgment of the trial Judge. We need not repeat them. The whole point turns on whether the holding of examinations for the purpose of selecting a candidate for the post of Administrative Secretary can be the subject of a recourse under Article 146.2. This depends on whether the holding of such examination constitutes a final executory act or a preparatory step towards such act. The learned Judge held that the holding of the examination for ascertaining the suitability of the candidate for the office in question was merely a preparatory act and could not be the, subject matter of a recourse by the Applicant (Appellant).
The learned counsel for the Appellant addressed us at length and referred us to many authorities. We heard on the other side the counsel for the Respondent as well.
We have not been persuaded that the Court below was wrong in holding that the Applicant (Appellant) at the time she lodged the recourse was not entitled to do so under Article 146.1 and 2 and, therefore, the present appeal is dismissed.
No order as to costs.
Appeal dismissed.
No order as to costs.