This case concerns the appointment of the President of Waterford Institute of Technology. On the 14th of May 2001 the Plaintiff, Kieran Byrne, was appointed as the chief officer of Waterford Institute of Technology for a term of ten years. In late 2010, in anticipation of the expiry of the plaintiff’s term of office, the Defendant applied itself to identifying and appointing his successor.

By s. 7(1)(b) of the Regional Technical Colleges Act, 1992 (as amended), the appointment of the President was a function of the governing body. The governing body of the college was required to ensure that the President was selected in accordance with the procedures determined by the Higher Education Authority.

By s. 9(2) of the