In a significant judicial development, the High Court has authorized acting principal Nisha Thomas to legally contest her exclusion from a promotion process, despite her unequivocal possession of the required academic credentials. Justice Frank Seepersad presided over the case on December 4, delivering a ruling that not only grants leave for judicial review but also extends the application deadline while casting serious doubt on the rationality of the Teaching Service Commission’s (TSC) position.
The court’s intervention includes an interim injunction that prohibits the TSC from making any permanent appointment to the principal position at the Sixth Form Government Polytechnic Institute in St James until at least December 15, when the matter will receive further judicial consideration.
According to court documents, Thomas applied for the principal (secondary) position in April 2024 following the Ministry of Education’s public invitation for candidates. The established criteria mandated at least eight years of post-diploma teaching experience, two years of service as vice principal, a bachelor’s degree in a specialty subject, and a valid teaching certificate.
Thomas, an educator since 1990 who has held the substantive post of head of department since 2013 (a position requiring a bachelor’s degree), presented compelling credentials. She earned her BA in History from the University of the West Indies in 1994 and has been serving as acting principal of the same institution since August 2021 through TSC appointment.
The controversy emerged when the TSC notified Thomas in August that she was deemed ineligible for consideration, claiming she did not possess “a Bachelor’s Degree from a recognised university.” This determination persisted despite her documented academic history and professional trajectory. Thomas explained that she had misplaced her original degree certificate during a previous master’s program application and consequently did not upload it, assuming the TSC already maintained evidence of her qualifications from her head of department appointment.
When Thomas sought clarification in late August, commission officials reportedly stated that even a replacement certificate would not alter her eligibility status due to the closed application window. This position was maintained despite her submission of a replacement certificate from UWI and her disclosure of both bachelor’s and master’s degrees.
The Trinidad and Tobago Unified Teachers Association (TTUTA) intervened twice on her behalf, noting that other applicants had experienced similar documentation transmission issues. Court documents revealed that one acting vice principal in south Trinidad who initially faced comparable obstacles was eventually interviewed.
Thomas’s legal team, comprising attorneys Ian Roach, Anthony Bullock, and Alatashe Girvan, argues that the TSC’s decision appears irrational, relies on unsupported assumptions, fails to consider relevant information, and denies their client a fair hearing. They emphasize that “there could be no reasonable dispute that she had the qualification” and note the limited number of vacant principal positions available.
The applicant seeks formal declarations that her legitimate expectation to be considered was breached, orders to quash both TSC decisions, and mandates requiring the commission to reassess her eligibility and schedule an interview.