- Admittedly, the arrangement exempt from the permanent tender In the section 21 The Appointments Law is not identical to the provision of exemption from a tender In the section 6 to the law; In any case, it is reasonable to assume that there is no absolute identity between the purposes of the two arrangements. However, as is well known, "when we come to interpret one section of the law, it should not be seen as a single clause, standing on its own and detached from its surroundings. It must be read and interpreted together with and in light of the other provisions of the law in which it is found."Civil Appeal 26/54 Alonzo v. Ben-DrorIsrSC 10 97, 104 (1956); Lightning, at p. 306). Indeed, I am of the opinion that a review of the arrangement exempt from a tender In the section 21 The law and the case law relating to its purposes allows us to learn about the purposes of the exemption provision from the fixed tender In the section 6 to the law.
- From the case law mentioned above in relation to the purpose of Section 21 According to the law, it can be concluded that in general, an exemption provision from a tender under the Appointments Law embodies a purpose that is "to provide the government with an appropriate tool to realize its policy by means of appointments without a tender", for positions that justify it. In the meantime, In the section 21 The law - in the framework of which, as stated, the government itself was authorized to determine jobs and types of jobs that would not be subject to the tender obligation - the legislature sought to ensure that such an exemption from a tender would be granted "due to the considerations of the position and not due to the considerations of the candidate for the position", by subordinating the government's determinations on the matter to the proposal of the Civil Service Committee.
On the other hand, the legislature itself expresses its opinion that a certain position justifies an exemption from a tender (for example, the appointment of CEOs to government ministries, according to Section 12 to the law; Appointment of the Attorney General, according to Section 5 to the law (with the condition of the exemption on the government determining ways and conditions for his appointment)). In such cases, in any case, there is no concern that the exemption from a tender stems from considerations that are not relevant, and therefore there is no need to subject the exemption from a tender to the proposal of the Civil Service Committee.