Court dismisses appeal as exam for administrative secretary is a preparatory act, not a final executory act under Article 146.2.
Cipro (CY)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the appellant's appeal regarding her inability to seek recourse after failing an examination for the Administrative Secretary position. The trial court correctly identified the examination as a preparatory step rather than a final executory act, rendering it ineligible for review under Article 146.2 of the Constitution. Consequently, the Court upheld the lower decision, confirming that no legal remedy exists for candidates at this procedural stage.
Regesto Legislator
Generato dall'IAConstitution of Cyprus, Article 146.1 and 2; A preparatory act such as a suitability examination for a public office does not constitute a final executory act and therefore cannot be the subject of recourse under Article 146.2.
Parole chiave
Generato dall'IADisposizioni normative citate
Generato dall'IAGiurisprudenza citata
Generato dall'IADecisioni correlate
Generato dall'IATesto completo
“[*665] 1966 May 17
(ΖΕΚIΑ, P., VASSILIADIS, MUNIR, JOSEPHIDES, JJ.)
APPELLATE JURISDICTION
Eleni Ioannidou,
Appellant-Applicant,
and
The Republic of Cyprus, through
The Public Service Commission,
Respondents.
(Revisional Jurisdiction Appeal No.11).
Administrative Law - Constitution of Cyprus, Article 146.1 and 2 - Public Offices - Pilling 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 Applicant-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.
A. Pantelides, for the Appellant.
L. Loucaides, Counsel of the Republic, for the Respondents.
JUDGMENT
The Judgment of the Court was delivered by:-
ΖΕΚΙΑ, 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 [*666] 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.
* Judgment published in (1965) 12 J.S.C., at p. 1375.