Case details

Mohammed (Appellant) v Public Service Commission and others (Respondents) (Trinidad and Tobago)

Case ID: JCPC 2015/0090

Jurisdiction: The Court of Appeal of Trinidad and Tobago

Case summary

Issue

Whether the utilisation by the Public Service Commission ("PSC") of examination results of examinations set and marked by the Fire Service Examination Board ("FSEB"), contravened the principle of the independence of Service Commissions.

Facts

The appellant was a fire fighter in the Trinidad & Tobago Fire Service. The PSC is the body with the power to make appointments to the Fire Service and promotions within it. The FSEB was a body appointed by the Minister of National Security that set examinations for appointment and promotion in the Fire Service. The appellant took examinations in 2006 for promotion to the rank of Fire Sub-Officer and was unsuccessful. In the interim the Privy Council case Cooper & Anor v. Director of Personnel Administration & Anor (Trinidad and Tobago) [2006] UKPC 37 raised questions about the legality of the FSEB’s role in setting, conducting and marking exams. In an effort to remedy the situation the PSC appointed the Public Service Examination Board. On 14 December 2007 the PSC adopted the results of the 2006 FSEB examinations. The appellant challenged this decision by way of judicial review. He contended that the adoption of the FSEB examination results contravened the principle of constitutional independence of Service Commissions as set out in Cooper v Director of Personal Administration. The appellant’s claim was dismissed both at first instance and on appeal.

Parties

Appellant

Imitiaz Mohammed

Respondents
  1. Public Service Commission
  2. Public Service Examination Board
  3. Trinidad and Tobago Fire Service Examination Board

Appeal

Justices

Lord Kerr, Lord Clarke, Lord Wilson, Lord Carnwath, Lord Hughes

Hearing start date

19 Jul 2017

Hearing start date

19 Jul 2017

Watch hearing
19 Jul 2017 Morning session