With an ordinance dated July 10, 2020, the Ministry of Education initiated the procedures for the creation of provincial and institute rankings for the assignment of substitute teaching and educational staff.
Among the candidates was also Dr. CM, who submitted the application for inclusion in the second band for the competition classes A026, A037, A041, A047 and A060.
The Clerical Error in Completing the Application
Dr. CM, despite her work experience in state schools after 2000, erroneously ticked the “Evaluation Art. 15 paragraph 4” box, reserved for services carried out in private schools before 2000, for which a halving was expected of the score.
This error led the Regional School Office of Sicily – Territorial Area of Agrigento to award the candidate a score halved, and in one case, even zero.
The Appeal to the Court of Agrigento
Faced with this injustice, Dr. CM filed a complaint with the school administration, which however was rejected.
Considering the decision of the School Office to be illegitimate, Dr. CM, assisted by the lawyers Girolamo Rubino and Calogero Marino, brought an appeal to the Court of Agrigento, acting as Labor Judge.
The Court Sentence
Lawyers Rubino and Marino argued that the error committed by Dr. CM was a mere material error and that, in such cases, “preliminary relief” should be applied.
This procedure allows you to easily correct obvious errors in the documents submitted by candidates.
On June 26, 2024, the Court of Agrigento accepted Dr. CM’s appeal, recognizing her the correct score and ordering the Ministry of Education to pay the legal costs. The Labor Judge confirmed that the error in Dr. CM’s application was a material error, which could be overcome through investigative assistance.
Consequences of the Sentence
With this ruling, Dr. CM will see a significant advancement in her standing in the GPS rankings, improving her job prospects in the education sector.
This decision represents a victory not only for Dr. CM, but also for all candidates who may incur material errors in completing the applications, underlining the importance of preliminary assistance as an instrument of justice and fairness in insolvency proceedings.
Conclusion
The case of Dr. CM highlights the need for greater attention and flexibility in administrative procedures to avoid injustices and ensure that candidates are properly evaluated based on their merits and qualifications. The Court of Agrigento has given an important signal in favor of justice and transparency in the school system.
