The non-appointment of a Chief Education Officer (CEO) has spilled over into the court and Justice Franklin Holder recently issued an order calling on the Public Service Commission to show cause why the decision not to appoint someone should not be set aside.
Acting CEO Genevieve Whyte-Nedd filed a motion in the High Court last month through her attorney, Nigel Hughes calling the decision not to fill the vacancy an unconstitutional one, and the order was subsequently granted. PSC commissioners, Ganga Persaud; Carvil Duncan; Cecil Seepersaud; Vera Naughton and Mr. Hope have since requested leave to file an affidavit in answer.
Appointment to the substantive position of Chief Education Officer falls under the purview of the PSC which is empowered under article 120 of the Constitution to make the appointment, but the life of the current commission came to an end on July 6, 2010. According to Whyte-Nedd, the commission met on this day but it took a decision not to fill the vacancy.
Whyte-Nedd, a veteran educator has since proceeded on pre-retirement leave, but her court application was filed prior to the notice of her leave being served. She alleges in court documents filed that the current PSC which was established in 2007, failed to fill the vacant post of CEO in the education sector, but that the commission considered and filled several other vacancies including that of Assistant Chief Education Officer (Primary).
Whyte-Nedd was acting in the position of education CEO since September 2005. Prior to this, she had also acted in the same position for the period October 2001 to October 2002. She said that the Education Ministry advertised for the position of education CEO in March 2006 and again in October 2006, and on each occasion she submitted an application for the said position.
The veteran educator, who commenced her career in 1971, said she wrote the commission on April 15, 2008 enquiring about the delay in filling the post of education CEO and also requested a response. On November 7, 2008, the Minister of Education later acknowledged receipt of a letter from the Guyana Public Service Union which was sent in October.
She stated that the PSC was aware of the vacancy in the public office of Chief Educational Officer since 2006 and took a decision not to discharge their constitutional mandate by refusing to fill the office. She said that the passage of four years since the advertisement of a vacancy in the said public office is extraordinary, prolonged, excessive and deliberate.
In 1971 Whyte-Nedd served as a pupil teacher at the Ann’s Grove Methodist School. She went onto to hold several key positions in the education sector, but many of them were acting positions. In 1999 she commenced acting as Deputy Chief Education Officer (Development) and was later appointed to that position in 2001. She held that position until she started acting as education CEO in 2001.
