An action by a lecturer against NUI Galway was struck out at the High Court yesterday after the court was told the lecturer is to get the academic post he had applied for as soon as possible.
Padraic Kenna, a contract lecturer in law, was seeking a judicial review of the circumstances surrounding the use of a controversial Irish exam for a permanent lectureship in law last year.
Mr Kenna was one of two applicants for the position but failed the Irish exam, even though he had passed it on two occasions in 2003.
In the High Court yesterday, Mr Justice Michael Peart was told by Mr Kenna's counsel, Séamus O'Tuathail SC, that Mr Kenna had applied for the post in February 2004.
Counsel said that to assess the candidate's competence in Irish, there are two exams under the 1929 University College Galway Act, one for the Board of Assessors and one for the Irish Board.
Mr Kenna had come first in the Board of Assessors' test but had come second in the Irish Board test. The candidate who came first in the latter test was appointed to the post.
Brian Murray SC, for NUI Galway, said Mr Kenna had applied for the post but another applicant had got the job.
That person had since left to take up another position and the university had decided to appoint Mr Kenna to the position he had applied for.
Following consultations between the legal teams, Mr O'Tuathail said that, having considered the position and the assurance that Mr Kenna will be appointed to the new post straight away, he was seeking that the matter be struck out with no order for costs. The judge made those orders.