Mohammed v Public Service Commission and others

Mohammed v Public Service Commission and others

The PSEB, once lawfully appointed by the PSC, was entitled to exercise its own judgment in adopting the results of the FSEB examinations, and there was no evidence of executive interference; thus, the decision was lawful.

Parties
Appellant: Mohammed; Respondent: Public Service Commission; Respondent: Public Service Examination Board; Respondent: Fire Service Examination Board; Respondent: Kent Samlal
Jurisdiction
England and Wales
Judgment Date
19 October 2017
Procedural Posture
Judicial Review / Appeal From Court of Appeal to Privy Council
Outcome
Appeal dismissed
Legal Topics
Public Service Appointments, Promotion Examinations, Separation of Powers, Judicial Review
Constitutional Law Administrative Law Public Service Appointments Promotion Examinations Separation of Powers Judicial Review

Case Brief

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Parties

Mohammed

Appellant

Public Service Commission

Respondent

Public Service Examination Board

Respondent

Fire Service Examination Board

Respondent

Kent Samlal

Respondent

Procedural Posture

Judicial Review / Appeal From Court of Appeal to Privy Council

Legal Issues

  1. 1 Whether the decision of the Public Service Examination Board (PSEB) on 14 December 2007 to adopt the examination results declared by the Fire Service Examination Board (FSEB) in July 2007 was unlawful due to unconstitutional appointment of FSEB members by the Minister.

Ratio Decidendi

The PSEB, once lawfully appointed by the PSC, was entitled to exercise its own judgment in adopting the results of the FSEB examinations, and there was no evidence of executive interference; thus, the decision was lawful.

Court Disposition

Appeal dismissed