Key Facts
- •Sixteen auditors (appellants) challenged the Inland Revenue's (respondent's) failure to recommend them for acting appointments as Field Auditor III.
- •The dispute centered on whether a professional accounting qualification was required for non-prelude acting appointments as Field Auditor III.
- •Appellants possessed tertiary qualifications and extensive experience but lacked professional accounting qualifications.
- •The Court of Appeal held that a professional accounting qualification was a necessary threshold condition for all appointments as Field Auditor III, including acting appointments.
- •The appellants' claim was based on alleged unlawfulness of the failure to recommend them for non-prelude acting appointments.
Legal Principles
Public Service Commission (PSC) Regulations govern appointments, promotions, and transfers in the public service.
Public Service Commission Regulations
For non-prelude acting appointments, the senior eligible officer is generally appointed.
Public Service Commission Regulations, Regulation 26(1)(a)
Eligibility criteria for substantive and prelude acting appointments do not automatically apply to non-prelude acting appointments.
Ramoutar v Commissioner of Prisons [2012] UKPC 29
The Commission considers seniority, experience, qualifications, merit, and ability when considering promotions.
Public Service Commission Regulations, Regulation 18
Specifications for a particular office must be considered during the appointment process.
Public Service Commission Regulations, Regulation 18(4)
Outcomes
The Privy Council dismissed the appeal.
The Court of Appeal erred in its reasoning by not distinguishing between requirements for substantive, prelude acting, and non-prelude acting appointments. However, the appellants' claim failed because there was no evidence the respondent's failure to recommend them stemmed from a mistaken belief about the qualification requirement; other reasons for the non-recommendations existed.
No declaration was made that Field Auditors II can be appointed to non-prelude acting Field Auditor III positions.
There was no finding of unlawful conduct by the public body. The judgment itself clarifies the legal position.