A court has dismissed action filed by eight doctors in which they requested a judicial review of a decision of the Public Service Commission.

Doctors Daniel Grixti Soler, Mario Refalo, Tania Cardona, Andrew Farrugia Wismayer, Ryan Grech, Veronica Aquilina, Muhaiyo Bartolo Khodjayeva and Yanika Vella filed their writ against the PSC, the ministry and the health director general, the director of human resources in the Heath Department, the principal permanent secretary and the cabinet secretary.

They told the court that they had submitted an application to be accepted as general practitioner trainees by the PSC and had been appointed to this post on July 17 last year. But the PSC cancelled its acceptance on the following day.

The doctors claimed that this was unlawful and over and above the powers of the PSC and they requested the court to order the respondents to confirm their appointment as general practitioner trainees.

The respondents claimed that the PSC had acted within the parameters of the law and that its actions were not subject to judicial review.

The court, presided over by Mr Justice Joseph R Micallef, heard that the PSC had issued a call for applications for two posts, forgeneral practitioner trainee and for basis specialist trainee.

The Medical Association objected to the fact that there was a call for two posts in the same application on the basis that this was in violation of an agreement reached between the parties.

The PSC then revoked the appointment of the eight doctors and issued a new call for applications.

In its judgment, the court pointed out that the regulations governing the PSC empowered this body to cancel any applications and selections if regulations had not been observed. In this case, a call for applications for two separate posts had been made incorrectly.

 

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