P.O. Box 1901
Bensalem, PA 19020
|
|||
|
E-mail: info@saveisrael.com SaveIsrael.com P.O. Box 1901 Bensalem, PA 19020 |
|
HOME | |
|
|
|
|
|
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 BIBLICAL COMMENTARIES |
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 : — STATE OF ISRAEL
Ministry of Education and Culture, Jerusalem Department of Education. September 8, 1950
The Directorate ofthe Montefiore School, Tel Aviv.
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 : “STATE OF ISRAEL
Jerusalem, November 25, 1950
Dr. Israel Sheib,Tel Aviv. Dear Sir, Yours faithfully,
David Ben-Gurion Minister of Defence.” |
|||||
| continue |