DETROIT (WWJ) – A lawsuit seeking the removal of the head of the Detroit Public Schools has been rejected.

Robert Davis, a union staff representative, filed the lawsuit in September to remove DPS Emergency Manager Roy Roberts because he did not take the oath of office before he started working.

READ MORE: Detroit Police Officer Charged In Fatal Crash Of Attorney Cliff Woodards Enters No Contest Plea

John Sellek with the Attorney General’s office said the Michigan Court of Appeals ruled to reject the lawsuit.

“What’s most important is that it is a win for the kids of the schools of Detroit. That those reforms that are so badly needed can be put in place and Governor Snyder’s choice of Mr. Roberts was a proper one. And that he can make those decisions and he can get the job done.”

READ MORE: Police Seek Tips After Man, 22, Fatally Shot On Detroit's West Side

Sellek said this is a win for the state and for DPS students.

“Mr. Roberts has been making the tough decisions that are needed to reform Detroit schools. We made the argument in court, we certainly can’t afford to wait another day for reform, let alone to have every decision he’s made for the last four months, nearly half a year, thrown out. The kids in Detroit need those reforms to get in place. This decision allows Mr. Roberts to continue forward making progress without any hesitation.”

MORE NEWS: Crime Stoppers Offering $2,500 Reward For Information On Murder Of 21-Year-Old

Gov. Rick Snyder appointed Roberts in May, but Roberts didn’t take the oath until August.