Supreme Court rejects SB’s move

Thursday, 24 May 2012 20:52 , Dailymirror

The Supreme Court today rejected a move by Higher Education Minister S. B. Dissanayake to constitute a Commission to look into the grievances of G.C.E (A/L) students who challenged the application of an alleged erroneous and unjustifiable formula to calculate the Z-Score of candidates of the G.C.E. (Advanced Level) Examination held in August 2011.

The Bench comprising Chief Justice Shirani A. Bandaranayake, Justices N.G. Amaratunga and K. Sripavan refused to allow the motion filed on behalf of the Minister of Higher Education.

The Court noted there was ample time granted for them to arrive at a solution and that the Court reserved the judgment for May 31 and the Respondents were directed to file written submissions before May 28.

Justice Sripavan said the Ministry of Higher Education had no authority to select students to the Universities and it was in the hands of the University Grants Commission and therefore enunciated that such an application could not be made.

The Court yesterday reserved its judgment to be delivered before June 30 on the rights petition challenging the application of an alleged erroneous and unjustifiable formula to calculate the Z-Score.

SC refuses AG’s motion on Z-Score

May 24, 2012, 9:27 pm

By Chitra Weerarathne, the island

The Supreme Court yesterday refused a motion filed on behalf of the Attorney General seeking permission to appoint a committee tasked with ascertaining whether the dispute over the Z-Score calculation in respect of the results of the August 2011 Advanced Level examination could be resolved in a manner acceptable to all parties.

The Court said yesterday that leave to proceed with the fundamental rights violation application, which complained of unacceptable procedure in calculating the z-score, had been granted on Feb. 13, 2012. The proceedings had been closed on May 10, 2012 and the judgment was reserved for the end of June, 2012, with ample time for new admissions. On May 16, 2012, an Attorney-at-Law for the Attorney General filed a motion to move Court to support a motion. The Bench of May 10, 2012 decided to take up the motion with notice to all parties.

The Senior State Counsel N. G. Pulle told the Court yesterday that the Attorney General had been requested by the Ministry of Higher Education, who had not been made a party to this application, to obtain permission to appoint a committee of experts to draft formula for GCE Advanced Level 2011 results. All the parties had conceded that the Ministry of Higher Education was not a party to the application.

According to the University Act, the Admission to the Universities was by the University Grants Commission, and not by the Ministry of Higher Education, the Court said adding that there had been ample time, from February to May 10, 2012, when the proceedings of the fundamental rights violation application were closed, to bring in suggestion for any settlement.

The Court refused the motion by the Attorney General, dated May 16, 2012.

Senior State Counsel N. G. Pulle appeared for the Attorney General.

Faiz Mustapha, PC, appeared for the UGC.

J. C. Weliamuna appeared for the student petitioner, who had filed the original fundamental rights violation application. Professor R. O. Thatil, Professor statistics of the Peradeniya University, made a respondent in the main petition, appeared for himself. The order in respect of the main petition by the students was reserved by the Court on May 10, 2012.

The Bench comprised the Chief Justice Dr. Shirani Bandaranayake, Justice N. G. Pulle, and Justice K. Sripavan.