A judge has ruled in favour of a secondary school in relation to the school's admission policy and the enrolment of a Traveller boy.
Judge Thomas Teehan gave his verdict at Clonmel Circuit Court.
The Christian Brothers High School in Clonmel was appealing a ruling made last year by the Equality Tribunal, which stated that the boy had been discriminated against.
In his six-page judgment given today, Judge Teehan said the parental rule is discriminatory against Travellers and groupings such as Travellers, Nigerians and Polish people are particularly disadvantaged by such a rule.
The onus he said was then on the school to objectively justify that there was a legitimate aim; to prove that the measure was appropriate and to establish that such measure was necessary.
He found that the parental rule is entirely in keeping with the goal of supporting the family ethos within education and the characteristic spirit of the school; he said the school had objectively justified to his satisfaction that the aim of the school board in this regard was wholly legitimate.
He also found that it was appropriate, in that it is reviewed annually, and in regard to all the many relevant considerations the board had to take into account, it strikes the correct balance and was therefore appropriate.
And he also found it was a necessary step in creating an admissions policy which is proportionate and balanced.
But in light of other arguments, he said the application of the rule was legitimate, appropriate and necessary. So he ruled in favour of the school.
But he did say that it maybe time now for the Oireachtas to look or look again at the issue of providing a mandatory requirement for positive discrimination in school's admissions policies.
The mother of the young boy has said she feels let down by the entire educational system.
Mary Stokes said she was very, very disappointed with the ruling at Clonmel Circuit Court today.
She said it was unbelievable that in this day and age, all barriers to a proper education have not yet been broken down.
She added that she will definitely appeal the decision and will go as far as the European Court of Human Rights if necessary.
Management at the school said they are studying the judgment and have no comment to make yet.