Martínez v. Huyke
Martínez v. Huyke
Opinion of the Court
delivered the opinion of the Court.
The appellant herein applied to the court below for a writ of mandamus directed to the Commissioner of Education of this Island, which was denied.
She alleged in her petition that she had taught as graded teacher in the public schools of this city and that in the years
Our present Organic Act, approved in 1917 by the President of the United States, provides by its section 17 as. follows:
“That the commissioner of education shall superintend public instruction throughout Puerto Rico; all proposed disbursements on. account thereof must be approved by him, and all courses of study shall bo prepared by him, subject to disapproval by the governor if he desires to act. He shall prepare rules governing the selection of teachers, and appointments of teachers by local school boards shall be subject to his approval, and he shall perform such other duties, not inconsistent with this Act, as may be prescribed by law.”'
According to that section the Commissioner of Education shall superintend public instruction throughout the Island,, and the appointments of teachers by local school boards shall be subject to his approval. Both these provisions are related, because in order to be able to exercise the power vested in him to superintend public instruction, he is given the power to approve the appointments of teachers by local school boards, without any express limitation or restriction, as the law assumes that he will act in furtherance of the highest interests of education in this Island. In the present case he is not charged with having abused the power vested in him. The power of approval includes the exercise of discretion. In State v. Smith, 24 Mont. 44, 57 Pac. 449, 451, it was said: “The expression ‘shall be subject to the approval,’ implies
The contention of the appellant that under a rule issued by the Commissioner • of Education she is entitled to have her appointment as teacher approved by the respondent because appellant has taught in the same municipality and in the same kind of school during the next preceding year and prior thereto with a higher rating than “Good”, can not take away from the Commissioner the discretionary power vested in him by the Act. Besides, the rule invoked expressly provides that nothing therein shall be construed as limiting or denying • the right of the Commissioner of Education to reject, on the ground of public interest, the appointment of any teacher regardless of the rating of such teacher. It is urged that no reason of public interest was involved in the failure to approve the said appointment, and that the Commissioner has not stated any. The Commissioner is not bound to state, the reasons for his action, and it must be assumed that in disapproving the said appointment in the exercise of his power he did so in furtherance of the public interest.
The judgment appealed from must be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.