The Second Section of the Contentious-Administrative Chamber of the Superior Court of Justice of the Valencian Community (TSJCV) has estimated the precautionary measure requested by an opponent to positions as a specialist doctor in ophthalmology and has agreed that the Ministry of Health delay some hours the exam until sunset on the same Saturday in which he is summoned – next May 28 – by virtue of his religious convictions as a member of the Seventh-day Adventist Church.
In this way, the judicial body considers the appeal filed by the applicant before the refusal of the deputy director of Human Resources who reported the impossibility of modifying that test of the opposition, initially set for Saturday at 12:00.
The appellant, for her part, expressed her willingness to test any other day -since the members of this church cannot carry out economic or work activities on Saturday as it is considered the day of worship and prayer- or that same day but once past sunset.
In its order, facilitated this Wednesday by the Valencian High Court, the chamber applies the jurisprudence of the Supreme Court and other higher courts of justice on similar cases and, after analyzing the conflicting interests, concludes that not accessing the claim of the appellant would force her to be “constrained to choose between fidelity to her religious convictions and the opportunity to enter the administration offered by the selection process.”
The magistrates apply to this case article 12.3 of Law 24/1992, which approves the Cooperation Agreement of the State with the Federation of Evangelical Religious Entities, which provides that the examinations, oppositions or selective tests convened for admission to the Public Administrations may be appointed on an alternative date for the faithful of said churches “when there is no reasoned cause that prevents it.”
In this way, they accept the requested precautionary measure and establish that the Administration carry out the test “at a time that does not coincide with the religious Saturday”, that is, the same day of the call, but after sunset.
To do this, the applicant must appear at the test location on the day and time of the general call (May 28 at 12 noon) provided with her ID, and once identified, she will remain “incommunicado in a room until, at the official time of sunset, you can begin your exam with the same content and duration as the rest of the applicants».
The resolution, dated May 17, is not final and there is an appeal for reversal against it before the court itself within a period of five days from its notification.
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