A judicial review of NUI Galway's handling of a senior research appointment is due to open in the High Court tomorrow. The university's application of 75-year- old legislation designed to uphold use of the Irish language in the college will be examined as part of the review, which follows an injunction obtained by one of the applicants for the post last year.
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 can boost a candidate's chances of being appointed.
Dr Pat Morgan, former Dean of Science, had taken the test four times successfully. However, she was failed when she took it as part of her application last year 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 exam, and the assessment panel subsequently voted by four votes to three in favour of his application.
Dr Morgan sought a High Court injunction last year to stop the appointment. In her application for a judicial review, which she has sought through the medium of Irish, her legal representatives contend that the university has set no standard for the Irish exam, there is no clarity about it, and the duties of her post had not been agreed on the day she was interviewed.
Dr Morgan has received much support among her colleagues for her legal challenge, given that there is a perception that the test is being abused to keep certain people out of posts. Several colleagues have resigned from the Irish exam board in protest. Dr Morgan was recently re-elected to the university's governing body, and is a member of the university senate and the academic council.
The university has already made moves to have the test dropped, and had submitted a request on this basis as part of its strategic plan to the former minister for education, Mr Dempsey. It had no comment to make on the impending review yesterday. The Department of Education has said it is "examining" the legislation.
