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P.O. Box 1901
Bensalem, PA 19020
page 2
  Dr. Israel Eldad

Principles for a Hebrew Liberation Movement
by Dr. Eldad

Transcripts of Dr. Israel Eldad on IDF Radio

Excerpts from Dr. Israel Eldad's Op-Ed Column

Collection from Zote Ha'aretz
by Dr. Eldad

Memorial for Fighters for the Freedom of Israel
by Dr. Eldad

What We Need Is A King
by Dr. Eldad

You Should Be Ashamed!
by Dr. Eldad

Jabotinsky Distorted
by Dr. Eldad

The Fifth of Iyar
by Dr. Eldad

Temple Mount in Ruins
by Dr. Eldad

Jerusalem: The City of Faith
by Dr. Eldad

The Challenge of Jerusalem
by Dr. Eldad

Between Giving the Torah and Receiving It
by Dr. Eldad

The Jewish Defense League of Shushan Habira
by Dr. Eldad

An Open and Distressed Letter to Menachem Begin
by Dr. Eldad

Elnakam: Story of a Fighter for the Freedom of Israel
by Dr. Eldad

The Israel Restraint Forces
by Dr. Eldad

The Real-Politik of Our Sages
by Dr. Eldad

Jerusalem: A Burning Issue Trial of Faith
by Dr. Eldad

A New Type of Jew
by Dr. Eldad

Foundation Stones
by Dr. Eldad

Dr. Eldad & the Supreme Court of Israel
Selected Judgments

Biography: Dr. Israel Eldad
by Chaim Yerushalmi


Dr. Eldad and the Supreme Court of Israel

Israel cases referred to :

(1)H.C. 1/49 -Solomon Shlomo Bejerano and another v. Minister of Police and others, (1948/49), 1 P.E. 121.

(2)H.C. 9/49 -Yehuda Blau v. Yitzhak Gruenbaum, Minister of Interior and others, (1948/49), 1 P.E. 225.

(3)H.C. 22/49 - Michael Sabo v. Military Governor, Jaffa, (1949), 2 P.D. 701.

(4)H.C. 47/49 - Matossian v. Dr. A. Bergman, District Com- missioner of Jerusalem and others, (1950), 4 P.D. 199.

(5)H.C. 108/49 - Bouchman and Shoulyan v. Ya’acov Berg. man. District Commissioner of Haifa, (1950), 3 P.D. 182.

English case referred to :
(6) R. v. Barnstaple Justices, (1937) 4 All E.R. 263.

Weinshal l , for the petitioner.

H. H. Cohn , Attorney-General, for the second respondent.>

CHESHIN J. This is the return to an order nisi calling upon the second respondent - the Director of the Department. of Education in the Ministry of Education and Culture - to show cause why he should not withdraw his opposition to the employment of the petitioner as a teacher in the institution conducted by the third respondent.

2. The facts disclosed in the affidavits of the petitioner and the second respondent are as follows :

The petitioner, Dr. Israel Sheib, a teacher by profession, has taught in various schools both in this country and abroad. He acquired his general education and professional qualifications in the Rabbinical Seminary of Vienna and in the Faculty of Philosophy in the University of that city. Before the outbreak of the Second World War the petitioner was a teacher in the Hebrew Teachers College of Vilna and after his immigration to Israel, in 1941, he was accepted as a teacher in the Ben-Yehuda Gymnasium in Tel Aviv. In April, 1944, he was arrested by the British Criminal Investigation Department on suspicion of underground activity, and was sent to the detention camp at Latrun. After two years, however, he managed to escape from the camp, and from then until the conclusion of the Mandate and the evacuation of the British forces from the country he continued to engage in activity in the “Lechi” [the full name was “Fighters for the Freedom of Israel”] organisation which was operating underground at that time. When the underground movements were disbanded after the establishment of the State, the petitioner desired to resume his occupation as a teacher, and he approached various educational institutions for this purpose. His efforts, however, were of no avail — a fact attributed by him to his underground activity in the past and his political opinions which stood as an obstacle in his way. The petitioner, however, did not despair but continued his efforts to obtain employment as a teacher, and during the school year, 1950/51, he managed to secure a contract with the third respondent, the Principal of the Reali Montefiore School in Tel Aviv. This contract, however, was conditional upon confirmation by the Department of Education of the Ministry of Education and Culture and it would appear that the third respondent approached the Ministry in order to receive the confirmation required. On September 17, 1950, the petitioner received a letter in the following terms from the Principal of the Montefiore School : —
“I regret to inform you that according to a letter dated September 8, 1950, which I have received from the Department of Education, you may not be accepted as a teacher in our institution. A copy of the letter referred to is enclosed herewith.”
The copy of the letter referred to from the Department of Education, reads : —

Ministry of Education and Culture,

Department of Education.
September 8, 1950
The Directorate of
the Montefiore School,
Tel Aviv.
Dear Sir,
        The Director of the Department of Education has requested me to inform you that the Ministry of Defence objects to the appointment of Dr. Israel Sheib as a teacher. I conveyed this information to the secretary of the school yesterday.
    Yours faithfully,
    Dr. M. Hendel
    Inspector of
    Secondary Schools.”

According to the version of the petitioner, this letter of the Inspector of Secondary Schools arrived two weeks after the petitioner had already started teaching at the Montefiore School, but this version is specifically denied by the second respondent. Since neither the petitioner nor the Inspector was cross-examined, I cannot decide this point, and must deal with the matter on the basis that the contract between the petitioner and the third respondent was cancelled as a result of the objection of the second respondent, before the petitioner started working at the school.

In view of this situation, the petitioner addressed a letter dated October 23, 1950 to the first respondent, the Minister of Defence, and to the Minister of Education and Culture — who was not joined as a party to these proceedings — requesting them to inform him of the reasons and grounds upon which he had been disqualified as a teacher. No reply to this letter was received from the Ministry of Education and Culture, but the Minister of Defence replied as follows :

Jerusalem, November 25, 1950
Dr. Israel Sheib,
124, Dizengoff Street,
 Tel Aviv.

Dear Sir,
        Your letter of October 23, 1950.
        The Ministry of Defence objected to your appointment as a teacher because in your book and your
newspaper you urge the use of arms against the Defence Army of Israel and the Government of Israel in eases where this seems to you desirable
    Yours faithfully,
David Ben-Gurion
Minister of Defence.”