Teaching Service Commission restrained from appointing principal to Sixth Form Polytechnic

Justice Frank Seepersad. -

THE acting principal of the Sixth Form Government Polytechnic Institute has been granted permission by the High Court to challenge a decision of the Teaching Service Commission (TSC) that deemed her ineligible for promotion to principal (secondary), despite her having more than the minimum academic qualifications.

Justice Frank Seepersad ruled on Nisha Thomas’s application on December 4. He also extended the deadline for her application and questioned the logic of the commission’s stance, saying its decision appeared, at this stage, to “defy logic and common sense.”

In granting leave, Seepersad also issued an interim injunction blocking the TSC from appointing a substantive principal to the Sixth Form Government Polytechnic Institute in St James at least until December 15, when the matter is expected to return to court. According to Thomas’ application, she applied in April for the post of principal (secondary).

She said the TSC first notified her by letter dated August 18, that she was ineligible for consideration because she was not “in possession of a Bachelor’s Degree from a recognised university.” A second letter on October 24, defended the decision. Thomas argues the findings were irrational, based on an unsupported assumption, failed to consider relevant information and denied her a fair hearing. She is seeking declarations that her legitimate expectation to be considered for the post was breached and orders quashing both decisions.

Thomas, a teacher since 1990, has held the substantive post of head of department since 2013, a role that required a bachelor’s degree. She earned a BA in history from the University of the West Indies in 1994. She has also acted as principal of the Sixth Form Government Polytechnic Institute since August 6, 2021, by TSC appointment.

In April, the Ministry of Education invited applications for principal (secondary) positions. Candidates were required to have at least eight years of post–diploma teaching experience, two years of service as vice principal, a bachelor’s degree in a specialty subject and a teaching certificate. Thomas applied before the deadline but later learned that other acting principals were being contacted for interviews while she received no response. Thomas said she misplaced her bachelor’s certificate during a previous master’s program application and did not upload it, believing the TSC already had evidence of her degree from her appointment as head of department.

When she visited the commission in late August seeking an update, she was told she was considered not to have a degree and that even a replacement certificate would not change her eligibility because the application period had closed. She later wrote the TSC chairman, explaining that she held both a bachelor’s and a master’s degree, and submitted a replacement certificate when she received it from UWI. She also sought assistance from the Trinidad and Tobago Unified Teachers Association (TTUTA), which wrote twice to the TSC, also for other applicants had experienced issues with the transmission of documents.

One acting vice principal in south Trinidad who initially faced similar issues was eventually interviewed, her application said.

On November 17, Thomas was informed the commission would stand by its decision.

“There could be no reasonable dispute that she had the qualification,” her application contends.

Thomas is seeking declarations, orders to quash the TSC’s decisions and for the TSC to reconsider her eligibility and schedule an interview.

“There is a limited number of vacant offices of principal (secondary),” her injunction application said.

She is represented by attorneys Ian Roach, Anthony Bullock and Alatashe Girvan.