Section 74: Denominational schools – Selection of staff—In 1989, regulations were

74. Denominational schools – Selection of staff—In 1989, regulations were made amending the Education Regulations 1957. The purport of the amended regulations 32 and 52 was to require secondary schools in order to qualify for grants, not to discriminate on the grounds of race or religion. The plaintiffs, in recruiting staff, had always ensured that the candidates would be sympathetic to and compatible with the beliefs of the Roman Catholic Church. The plaintiffs contended that the Regulations were inconsistent (i) with the decision of Government Teachers Union and anor v Roman Catholic Education Authority and Administrative Secretary (1987), (ii) with sections 11 and 14 of the Constitution, and (iii) with various international instruments. HELD section 16 of the Constitution cannot be interpreted to mean that a person acting in a private capacity is entitled to practise discrimination. The plaintiff is perfectly entitled to preserve the specificity of its schools and to foster its message by the dismissal of persons advocating unacceptable practices and the use of criteria additional to academic ones to select suitable persons. Roman Catholic Diocese of Port Louis v Minister of Education (1991).