Court says citizens shouldn’t punished for government’s misgivings

The First Hall of the Civil Courts ordered the Public Service Commission to calculate the years of experience requested in a call for application, from the date of 8 November and proceed with the selection process for the post of Designate Consultant Surgeon specialising in Hepato-Pancreato-Biliary surgery.

On 20 July 2010 the government gazette published a call for applications for the post of Designate Consultant Surgeon, leading to the appointment of a Consultant Surgeon specialising in Hepato-Pancreato-Biliary surgery.

Robert Cuschieri applied for the post and on 20 January 2011 the Public Service Commission (PSC) informed him the selection process placed him first on the list of applicants.

However six months later, the PSC again wrote to Cuschieri stating he was not eligible for the post as he had not been on the medical specialists register for over two years, albeit being a specialist since 2008.

Cuschieri argued the call for application did not state his name was to be on the register but  had demanded that applicants are in possession of a certificate of completion of training in General Surgery.

Madam Justice Jacqueline Padovani Grima heard professor Godfrey Laferla confirm how, from a clinical point of view, Cuschieri was a specialist, however administrative issues precluded him from being on the registry of medical specialists.

In view of this and the fact that the plaintiff was in possession of a certificate of completion of training in General Surgery, the court decreed that Cuschieri was indeed eligible for the post.

"As a citizen, Dr Cuschieri cannot be held liable for a government's misgivings. It was the government which failed to ensure the Exit Exams were done when required and the same government dragged its feet to include the plaintiff's name in the registry of medical specialists," the court held.

Madam Justice Jacqueline Padovani Grima ordered the Public Service Commission to proceed with the selection process, however the years of experience are now to be calculated from the date of judgement. Court expenses are to be borne by the Public Service Commission.