HIROSHIMA (Kyodo) The Hiroshima High Court ruled Wednesday it was not illegal for the Hiroshima Prefectural Government to refuse a teachers union use of public facilities, overturning a lower court ruling ordering the prefecture pay the union 2.6 million yen in damages.

Presiding Judge Katsutoshi Ikeda ruled that refusing use of the facilities could not be deemed unlawful and that the prefecture had the right to exercise discretion in making the decision.

The Hiroshima District Court last January ruled it had been illegal for the local government to deny the union use of prefectural facilities out of concern the participants would criticize education ministry policies.

Four branches of the union applied to use rooms at six public high schools in Hiroshima in the summer of 2002 to hold study sessions.

Principals of the schools rejected their applications, saying the purpose of the meetings violated the rules of facility use.