A call for applications to fill a top medical post was conducted incorrectly, a judge ruled, ordering that the selection process be redone.

The issue was first raised when Robert Cuschieri placed first in a selection process for the post of a designate consultant surgeon. On January 20, 2011, he was informed that he had made the grade. However, on June 8 of the same year, he was informed by the Public Service Commission that he was not eligible for the post. The PSC said he did not have the required two years full-time experience as a specialist because his name did not feature on the specialists’ register.

Dr Cuschieri argued that he was professionally recognised as a specialist in the required area since January 2008.

In the judgment, Madam Justice Jacqueline Padovani said the courts had the duty to see whether decisions taken by the Administration of the country were within the parameters of the law or not and whether this observed the principles of natural justice.

She said that from the evidence produced, Dr Cuschieri satisfied the prerequisites and that the PSC only changed its view about his eligibility after three other doctors protested and the president of the Medical Association of Malta commented on the process.

The judge said that, instead of nullifying the process and issuing a new call for applications, as was expected at law, the PSC reinterpreted the prerequisites using a different law.

Madame Justice Padovani said that the original call for applications was not conducted in the correct manner. The prerequisites should have been crystal clear and coherent.