The Second Section of the Contentious-Administrative Chamber of the Superior Court of Justice of the Valencian Community has considered the request for a precautionary measure presented by a union against the decision of the Ministry of Health of the Gneeralitat dated May 24 to change the date of the oppositions to specialists of Obstetrics Gynecology from Saturday June 18 to Sunday 19 of the same month for the religious beliefs of an Adventist.
The Chamber agrees in the resolution, notified to the parties this Wednesday, that the test be held in the terms initially provided for by resolution dated April 7, 2022, that is, on Saturday, June 18, 2022, at 12 noon, in the South Lecture Hall of the Tarongers Campus of the University of Valencia.
Likewise, the Court provides that said test be held with respect to one of the opponents, a member of the Adventist Church, on the same day of the call, Saturday, but after sunset, as the Second Section of the TSJCV itself established in an order of precautionary measures for the protection of fundamental rights dated May 27.
The Court does not share the interpretation made by the Ministry of a previous order of the same Chamber regarding the oppositions of Ophthalmology, “because it does not conform to the literality nor to its teleological purpose”.
In this sense, the TSJ recalls that the operative part of said order agreed to delay the trial of an appellant, also a member of the Adventist Church, until sunset on the Saturday in which the oppositions were held, a decision that “rests on the weighting of the interests of all the candidates for the selection process”, which is “protected by the religious freedom” of the appellant but which also preserves “the rights of the rest of the participants, who do not see the day, time or place of carrying out the exercise”.
