High Court dismisses challenge to Teaching Service Commission appointments

The High Court has dismissed a constitutional challenge brought by Terrence Campbell against the appointment of members of the Teaching Service Commission (TSC), ruling that President Dr. Mohamed Irfaan Ali acted lawfully when he appointed the Commission despite the absence of a Leader of the Opposition.

In a decision delivered by Justice Damone Younge, the Court upheld the arguments by Attorney General and Minister of Legal Affairs Anil Nandlall and found that the President’s appointments were neither unconstitutional nor unlawful.

Campbell had argued that the appointments violated Article 207(2)(d) of the Constitution, which requires the President to appoint three members of the TSC only after meaningful consultation with the Leader of the Opposition. He contended that because no Opposition Leader had been elected at the time, the constitutional requirement could not be fulfilled, rendering the appointments invalid.

The Attorney General, however, maintained that consultation was impossible because the Office of the Leader of the Opposition had been vacant since July 4, 2025. The defence argued that the Constitution should not be interpreted in a manner that would paralyse the functioning of a key constitutional body and that the President was required to act to ensure continuity in governance.

In its analysis, the Court acknowledged that meaningful consultation is an important constitutional requirement. However, Justice Younge noted that previous judicial decisions had established that consultation is mandatory only when it is practically possible. Where consultation cannot occur due to circumstances beyond the decision-maker’s control, the failure to consult does not invalidate the resulting appointments.

The Court emphasised that the President was not responsible for filling the vacancy in the Office of the Leader of the Opposition, as that responsibility lies with the non-governmental members of the National Assembly under Article 184 of the Constitution. As a result, the President could not be faulted for proceeding with the appointments in the absence of an Opposition Leader.

Justice Younge further held that accepting Campbell’s arguments would effectively prevent the Teaching Service Commission from functioning indefinitely, creating uncertainty within the education sector and undermining constitutional governance. The Court said the Constitution must be interpreted in a way that ensures essential institutions remain operational.

Consequently, the Court ruled that the absence of consultation did not invalidate the President’s exercise of his appointment powers under Article 207(2)(d). The Fixed Date Application filed by Campbell on January 19, 2026, was dismissed.

Given the public-interest nature of the case, Justice Younge ordered that each party bear its own legal costs.

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