Setting job qualifications is distinct from selecting the successful officer

The executive’s power to prescribe qualifications did not displace the Public Service Commission’s power to make appointments, the Privy Council held on 11 May. The Trinidad appeal arose from Ian Green’s unsuccessful bid for promotion in the Fire Service.

The Board distinguished minimum eligibility criteria from the assessment of eligible candidates. Under the particular regulations, the Chief Fire Officer determined equivalent qualifications after consultation; the Commission could not replace that determination with its own.

A four-member majority found no qualifying determination had been established and restored dismissal of Green’s claim, including the trial costs order. Sir Anthony Smellie agreed with the constitutional analysis but dissented on the factual fairness of the promotion process. The decision should therefore not be described as unanimous on Green’s treatment.

Complete official judgment reviewed, paragraphs 1–66, including dissent. Trinidad and Tobago regulations, not a general Jamaican promotion rule. Both appellate orders were set aside; the trial dismissal was restored. Later treatment not checked.