PROCEEDINGS OF SELECTION BOARDS SHALL BE SECRET , HAS BEEN INFRINGED BECAUSE THE DECISION OF THE SELECTION BOARD WAS REVEALED TO SOME OF HIS COLLEAGUES AT A TIME WHEN THE MEMBERS OF THE SELECTION BOARD HAD NOT YET EITHER SIGNED THE MINUTES OF THEIR PROCEEDINGS OR DRAWN UP THEIR STATEMENT OF THE REASONS FOR WHICH HIS APPLICATION HAD BEEN REJECTED .
4 THE COMMISSION DOES NOT CONTEST THE FACTS THUS ALLEGED .
5 HOWEVER , IT DOES NOT NECESSARILY FOLLOW THAT THIS BREACH OF THE SECRECY OF THE PROCEEDINGS OF THE SELECTION BOARD , HOWEVER REGRETTABLE IT MAY BE AND HOWEVER OFFENSIVE THE APPLICANT MAY HAVE FELT IT TO BE , CONSTITUTES A SUFFICIENT REASON FOR ANNULLING THE DECISION THUS DIVULGED .
6 IT IS NECESSARY TO EXAMINE WHETHER THE UNAUTHORIZED DISCLOSURE OF THE DECISION WAS CAPABLE OF AFFECTING THE GUARANTEES AS TO THE REGULARITY OF THE PROCEEDINGS OF THE SELECTION BOARD , AMONGST WHICH THE PROVISION AS TO SECRECY IS INCLUDED .
7 IN THIS REGARD IT SHOULD BE OBSERVED THAT IF THE SECRECY IS ONLY VIOLATED AT A MOMENT WHEN , AS IN THE PRESENT CASE , THE DECISION OF THE SELECTION BOARD HAS BEEN TAKEN , SUCH A FAILURE TO COMPLY WITH THE PROVISIONS OF THE STAFF REGULATIONS CANNOT THROW DOUBT ON THE REGULARITY OF THE DECISION , NOTWITHSTANDING THE FACT THAT THE DECISION HAS NOT BEEN COMMITTED TO WRITING .
8 THEREFORE THIS SUBMISSION CANNOT BE ACCEPTED .
9 THE APPLICANT ARGUES , SECONDLY , THAT THE SELECTION BOARD WRONGLY TOOK THE VIEW THAT THE DUTIES PERFORMED BY HIM FOR TWO YEARS PRIOR TO THE COMPETITION WERE NOT SUFFICIENT TO COUNT AS KNOWLEDGE OF UNIVERSITY LEVEL , PARTICULARLY SINCE THE SELECTION BOARD ADMITTED TO THE COMPETITION CERTAIN CANDIDATES WHOSE EXPERIENCE WAS INFERIOR TO HIS OWN .
10 ACCORDING TO THE WORDING OF THE NOTICE OF COMPETITION , THE COMPETITION WAS OPEN TO CANDIDATES WHO POSSESSED , INTER ALIA , ' A UNIVERSITY DEGREE OR EQUIVALENT EXPERIENCE ' .
11 IT IS NOT DISPUTED THAT THE APPLICANT DOES NOT POSSESS A UNIVERSITY DEGREE AND THE QUESTION AT ISSUE IS THEREFORE WHETHER HE HAS ACQUIRED EQUIVALENT EXPERIENCE .
12 IN ORDER TO JUSTIFY ITS NEGATIVE ANSWER TO THIS QUESTION , THE SELECTION BOARD , IN THE CONTESTED DECISION , POINTED OUT FIRST THAT THE DUTIES PERFORMED BY THE APPLICANT FROM 1956 TO 1972 WERE OF A TECHNICAL OR ADMINISTRATIVE CHARACTER AND THEN FOUND THAT FROM 1 JUNE 1972 , THAT IS TO SAY OVER A PERIOD OF TWO YEARS PRIOR TO THE DATE OF THE COMPETITION , THE APPLICANT HAD PERFORMED ' DUTIES INVOLVING THE CORRECTING OF PROOFS AND PREPARING OF MANUSCRIPTS FOR PRINTING ' .
13 ON THAT BASIS , THE SELECTION BOARD TOOK THE VIEW THAT ' THE DUTIES PERFORMED SINCE 1 JUNE 1972 , CONSISTING PRIMARILY OF EXECUTIVE DUTIES , COULD NOT LEAD , PARTICULARLY IN VIEW OF THE LEVEL OF THE FACULTIES OF UNDERSTANDING AND OF JUDGMENT WHICH THEY REQUIRE , TO THE ACQUISITION