Court in matter against commission: Teacher was not treated unfairly

High Court Judge Sebastian Ventour says citizens have to learn how to resolve conflicts and disagreements without being disrespectful to each other. He made this comment in relation to recent events in two denominational schools. Ventour yesterday delivered his judgment, which was delivered in the High Court yesterday, in a matter involving retired school teacher Kamla Jagessar and the Teaching Service Commission (TSC). Jagessar, a Hindu, was represented by attorney Anand Ramlogan, now Attorney General, who was instructed by Cindy Bhagwandeen. She lost her case.

At the time, she was seeking ten forms of relief from the court but because she retired in April 2010 while the case was in progress some of her orders and declarations filed were deemed irrelevant. The court only considered five. Among them were a declaration that she had been treated unfairly, contrary to the principles of natural justice and Section 20 of the Judicial Review Act; a declaration that the TSC can make an appointment to assisted schools without the prior approval of the school’s board; a declaration that the board of an assisted school does not have a veto over the appointment of the teachers in assisted schools and/or that the approval and/or concurrence of the board is not a pre-condition to the appointment of teachers in an assisted school and costs.

In his judgement, Ventour said it could hardly be argued that Jagessar was treated unfairly. Ventour said within recent times the country witnessed a level of disrespect, not only by some officials and leaders within the assisted school system, but by parents as well. He stated: “I feel constrained to make the following observation: “The citizens of this country have to learn how to resolve conflicts and disagreements without being disrespectful to each other. “If the law sets out a procedure for resolving conflicts and some of the problems that confront those within the Teaching Service, then the procedure should be followed.

“Alternatively, if the procedure proves to be unsuitable, then one should advocate for changing the procedure.” Ventour said adults should take note that children were looking on and they (adults) should think abut the future. He said threats of violence and other forms of misconduct were unacceptable and those who were affected should not take the law into their hands. Ventour also noted that assisted schools were the property of the boards and they had a right to the enjoyment of their properties. “It stands to reason therefore, that whoever is appointed to teach in these schools must therefore affect the right of the denominational bodies to the enjoyment of their property,” he said.

At an impromptu press conference yesterday at the Tunapuna Hindu School, secretary general of the Sanatan Dharma Maha Sabha, Satnarayan Maharaj, said the judgment was “history-breaking.” He said when the school closed at 3.30 pm each day embattled principal, Sita Gajadharsingh-Nanga, must leave. He said the Ministry of Education supervised the curriculum and the board “owns the property.” Maharaj added if anyone wanted to use the school after it was closed they needed consent. He claimed the principal blasphemed the Maha Sabha by telling a racist lie and should have been suspended.