The Ministry of Education, Universities, Culture and Sports of the Government of the Canary Islands, through the Resolution issued this Thursday, by the General Directorate of Personnel, resolves the appeals filed against the Resolution of July 13, 2007 of the Selection Committee of the Early Childhood Education specialty, maintaining all the written tests of the candidates, which will be re-evaluated by the same tribunals.
In this sense, the resolution annuls the list of all the candidates who have passed the opposition phase with the definitive assigned scale, the list of all the candidates who have passed the opposition phase ordered by weighted global score, and the list of the candidates proposed as selected ordered by order of weighted global score, in the selective procedures of entry to the body of teachers, and the lists of qualifications of part 'A' of the opposition phase, published on July 5, 2007, of the Early Childhood Education specialty.
Likewise, it renders without effect the "Guide of Procedures to be followed by the Early Childhood Education Tribunals: qualifications", elaborated by the Early Childhood Education Selection Committee, informs the government of the Canary Islands in a statement.
Regarding the procedure, in the opposition phase, it is agreed to conserve the written development of the topic of Part "A" of the opposition, which must be re-evaluated, in addition the didactic programming of part "B.1." is conserved, although it will have to be re-evaluated.
The Reports of the Educational Administration are conserved, but will have to be re-evaluated by the Tribunals. Regarding the candidates who do not have the report of the Educational Administration, they will have to prepare the exposition and, if applicable, defense of a didactic unit that will have to be qualified by the Tribunals.
Regarding the competition phase, the merits of the candidates who pass the opposition phase will be evaluated according to the call. However, the evaluations already carried out of the candidates who were already evaluated will be conserved.
The Resolution also dismisses the claims of the appellants regarding the request for annulment of the entire selective process called by Order of April 16, 2007, of the Ministry of Education, Culture and Sports of the Government of the Canary Islands, for the Early Childhood Education specialty (B.O.C. nº 83, of April 26).
It also does not estimate the claims deducted by the appellants regarding the modification of the members of the Tribunals, understanding that the mere fact of proceeding to the annulment of the appealed resolutions, should not necessarily lead to the substitution of the authors of the same.
Thus, the annulment of an administrative act and the consequent retroaction of the actions does not empower, by itself, to proceed to the substitution of the holder of the body that had committed the invalidated action, being the substitution of the same limited taxatively by the own order of call.
Finally, it establishes that by Resolution of the General Directorate of Personnel will be determined the procedure, which with the presence of a public notary or official with capacity to certify, guarantees the anonymity of the candidates, in application of base 8.2 of the call and of the foreseen in article 10.1.h) of the Royal Decree 276/2007, of February 23, by which the Regulation of Entry, accesses and acquisition of new specialties in the teaching bodies is approved.
This Resolution will be notified to all the appellants and interested parties, that is to say the 1,926 candidates, in accordance with articles 58 and following of Law 30/1992, of November 26 of Legal Regime of the Public Administrations and of the Common Administrative Procedure.
Against the present Resolution, which puts an end to the administrative channel, a contentious-administrative appeal may be filed before the Contentious-Administrative Chamber of the Superior Court of Justice of the Canary Islands, within a period of two months, counting from the day following the notification of this Resolution. All this without prejudice to any other appeal that is deemed appropriate to file.
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