A High Court Judge believes the application by the teacher is "moot".
The High Court is striking out proceedings relating to Enoch Burke's action to seek a temporary injunction against a panel set to assess his dismissal from a Westmeath school.
Breakingnews.ie is reporting Mr Justice Brian Cregan says a new Disciplinary Appeals Panel will have to be formed to review the decision to fire him from Wilson's Hospital School.
Today's hearing reached chaos levels in no more than ten minutes.
Enoch Burke, along with Sister Ammi, and Mother Martina began shouting as barrister Rosemary Mallon began making a submission on behalf of Wilson's Hospital School's board of management.
Ms Mallon was outlining a proposal to form a new appeals panel to assess Mr Burke's sacking from the school.
He successfully appealed against the make up of the initial panel - insisting ASTI General Secretary Kieran Christie's presence would bias its decision.
He labelled the teacher's union rep an "activist for transgenderism".
Mr Burke was dismissed from the school after a number of public confrontations with its principal over a request to call a student by their chosen pronouns.
Another panel was then formed including ASTI President Geraldine O'Brien, which led to another appeal by teacher.
When the hearing resumed this afternoon, Justice Cregan ruled it was clear a new panel would have to be formed after the other two proposed members resigned.
He added that it would not contain any members of the previous panel.
He struck out Mr Burke's application for an injunction and ordered him liable for costs for the day's litigation.
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