A date is due to be set this week for a High Court review of a senior research appointment at NUI, Galway.
The case follows an injunction obtained last month by one of the college's staff in relation to the post.
At the heart of the legal row is the university's application of 75-year-old legislation which was designed to uphold use of the Irish language in the college.
Under an Act dating back to 1929, the university offers an Irish test to candidates for new posts as part of its commitment to the language. The test comprises an essay and oral exam, and is not compulsory.
However, successful performance in it can boost a candidate's chances of being appointed.
Dr Pat Morgan, current Dean of Science, had taken the test four times successfully when she was failed in a recent interview for the post of vice-president for research.
Both Dr Morgan and another candidate, Prof Roy Green, who is Dean of the Faculty of Commerce, had been assessed as being suitable for the post by a panel of assessors. Prof Green, who has worked abroad, had opted not to take the test, whereas Dr Morgan took it.
The assessment panel voted by four votes to three in favour of Prof Green.
Dr Morgan sought a High Court injunction to stop the appointment on the grounds that there is no standard set for the Irish exam and the final duties of her post had not been agreed on the day she was interviewed.
Ironically the university, which is making no comment on the issue, had already made moves to have the test dropped and had submitted a request as part of its strategic plan to the former Minister for Education, Mr Dempsey.
Colleagues of Dr Morgan said that while there were many in the college who were committed to the Irish language, the continued existence of such an exam was an anachronism. "There has also been the perception for a long time that the test can be abused to keep certain people out of jobs, and put others in," one staff member told The Irish Times.
"The Government wants a knowledge-driven economy, and 21st century professional standards, but how can we do that here when we are being hobbled by an outdated mode of appointing staff," the lecturer said.
Dr Morgan is known to be competent in the Irish language and has already satisfied Údarás na Gaeltachta requirements to serve on an interview panel on its behalf. It is understood that her affidavit for the injunction was also prepared through Irish.
Appointed to the university in 1991, she is director of the Bachelor of Science Biotechnology course, a member of the NUI Galway governing body and the NUI Senate, and is also on a number of external statutory boards.
The Department of Education and Science said that it will be reviewing the legislation.
