The Sicilian Region after many years has launched an important competition for the strengthening of the employment centers of the island, providing for the hiring of 537 full-time and permanent staff.
The notice of competition, in particular, provided for a first preselection of candidates on the basis of their qualifications, and a subsequent written test for which a minimum score threshold of 21 points was envisaged for the purpose of passing.
Dr. GI, 48-year-old resident of Agrigento, having all the requisites and qualifications requested, presented her application to participate in the competition in question.
After passing the pre-selection thanks to a precautionary ruling by the Administrative Judge, the aforementioned Dr. Agrigento, was excluded from the list of suitable candidates for having achieved a score of 20.45, compared to the 21 points required for passing the test written.
Convinced of the correctness of some answers erroneously assessed by the Competition Commission, Dr. GI, with the patronage of the lawyers Girolamo Rubino and Giuseppe Impiduglia, proposed in the context of the judgment already pending before the Sicily – Palermo TAR (concerning the aforementioned passing of the pre-selection test) a further appeal for additional reasons.
With the aforementioned appeal for additional reasons, the lawyers Rubino and Impiduglia, noting the erroneousness of the evaluation given by the Competition Commission to some of the answers provided by the candidate, asked the Judge to issue a precautionary measure aimed at suspending the effects of the contested acts.
By order of 28.07.2022, the TAR of Palermo rejected the precautionary petition proposed by Dr. GI, thus denying the suspension of the contested measures..
In light of this ruling, the candidate decided to appeal against the order issued by the Judge of first care, before the Administrative Justice Council.CopyAMP code
In particular, the defenders of Dr. GI insisted on the correctness of the answers given by the candidate; and they also noted that as many as 211 places remained unassigned at the outcome of the selection procedure in question.
Therefore, the Regional Department is considering the call for a new bankruptcy procedure to achieve total coverage of the positions that have remained uncovered; in the light of this eventuality, the acceptance of the precautionary request would have guaranteed the protection of the candidate medio tempore of their rights avoiding that the post to which the same aspires is covered through a new competition.
With an order published on 12.09.2022, the Administrative Council of Justice for the Sicilian Region, sharing the theses supported by the Rubino and Impiduglia lawyers, accepted the precautionary petition, considering the appeal proposed by Dr. GI “assisted by sufficient fumus boni juris “and insofar as the execution of the contested provision could cause the candidate serious and irreparable harm.
Therefore, in execution of the higher order of the CGA, the applicant was admitted to the subsequent phase of evaluation of the service titles and professional experience, while the Regional Administration will be forced to reserve to Dr. GI, until the final decision merit, one of the positions left uncovered due to the competition profile in which the same participated.