Court Dismisses Dr Tucker’s Review Application

February 13, 2020

The court has dismissed Dr. Gina Tucker’s application for Judicial Review, stating that “I do not find that a fair reasonably well informed person would conclude that there was a real possibility that the Permanent Secretary was biased based upon the affidavit evidence of what transpired.”

In describing the background to the case, the ruling said, “This matter comes before the court on the Applicant’s Originating Notice of Motion seeking a declaration against the Public Service Commission and the Board of Education that the appointment of Mrs Kalmar Richards as Commissioner of Education is void on the basis of illegality and that the appointment be declared null and void.

“The Applicant, Dr Gina Tucker, is an educator with many years of experience both as a teacher and an administrator in the Department of Education. She unsuccessfully applied for the post of Commissioner of Education in 2013 and 2016. Dr Tucker applied for the post of Commissioner of Education in 2018 and she was, again, unsuccessful. Mrs Richards was appointed as Commissioner of Education.

“Dr Tucker complains that she was unsuccessful because the Board of Education and the Public Service Commission woefully breached the legislation and regulations governing the appointment of the Commissioner of Education. Further, Dr Tucker contends that the Permanent Secretary for Education was complicit in these breaches in order to obtain the appointment of her chosen candidate.”

The Judgement follows below [PDF here]

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