Solicitor-General Ropate Lomavatu said for the more than 1420 teacher positions that were regularised, 804 were members of the Fiji Teachers Union (FTU) while 615 were part of the Fijian Teachers Association in both teaching and non-teaching positions.
Mr Lomavatu made the submission over an injunction application by the FTU against the regularisation of acting positions by the Education Ministry.
In his submissions before Justice Dane Tuiqereqere in the High Court in Suva, Mr Lomavatu said the ministry had not breached constitutional provisions.
He also informed the court that despite the union taking the matter to court, it was still sending names of candidates to the ministry for potential positions.
He said before acting positions were made, the positions were advertised internally within the ministry and interviews scheduled only for shortlisted candidates for which the appointments were made.
Education Ministry permanent secretary Selina Kuruleca said before making any decisions, the ministry ensured all factors were followed, and they even conversed with the teacher unions for potential candidates.
Justice Tuiqereqere was informed by the State that if the regularisation was deemed unlawful by the court, it would have serious social and economic consequences and that the ministry would have no choice but to relook at the process.
Defence counsel Damodaran Nair said the regularisation process was not fair and transparent, reminding Justice Tuiqereqere that in his 23 years in the civil service, he had never come across such a process involving “acting positions”.
Mr Nair said powers were given to Ms Kuruleca, but they should be limited within the legal boundaries, and that these had been breached. Both parties were reminded once again that no policy was greater than the Constitution, the supreme law of the nation.
A decision is expected by the end of June.
