Appointments dispute at Ticino upper secondary school office reaches Lausanne

The dispute over appointments to the leadership of Ticino's Section for Upper Secondary Education is not yet over. A teacher, who through a series of appeals had already succeeded in getting the appointment, made two years ago, of Desirée Mallè and Mattia Pini to head the section annulled, has now also challenged the latest stage of the affair: a ruling by the Ticino Cantonal Administrative Court (TRAM).

A few weeks ago the TRAM sided with the Council of State, confirming the government's decision to annul the original call for applications that had led to the appointment of Mallè and Pini. As a result, the entire selection process must start over, with a new call for applications.

Third appeal, first step to Lausanne

The appeal against the TRAM ruling is the third the teacher has filed with the Administrative Court in connection with this affair, a sign of a legal tug-of-war that has lasted two years. With this latest step, the dispute reaches the Federal Supreme Court, in Lausanne, for the first time.

The Federal Supreme Court is Switzerland's highest judicial authority: it rules as the last instance on appeals against decisions issued by cantonal courts, including those of the TRAM. It will therefore be up to the judges in Lausanne to determine whether the Council of State's choice to annul the entire call for applications, rather than proceeding directly to a new appointment based on the procedure already carried out, was correct.

The Section for Upper Secondary Education is the office of the Ticino cantonal administration responsible for upper secondary schools, including gymnasiums. The affair, which until now had played out entirely before Ticino's judicial bodies, must now also await the ruling of the federal judges before it can be considered closed.