No uni. admissions unitil Z-score dispute settled
UGC informs Supreme Court
August 6, 2012, 10:05 pm
, the island
By Chitra Weerarathne
President’s Counsel Faiz
Mustapha yesterday gave an undertaking to the Supreme Court that no
admission would be made to any of the universities for the academic
year commencing on October 15 until the complaint filed by the old
syllabus students was settled.
Mustapha made the
submission appearing on behalf of the University Grants Commission
(UGC) in the fundamental rights violation application filed by a group
of GCE A/L students who sat the 2011 examination under the old
syllabus.
Chief Justice Dr. Shirani Bandaranayake asked
Attorney General Palitha Fernando PC, whether he believed that the UGC
had taken the relevant steps as ordered in the Supreme Court judgment
of June 29, 2012, to recalculate and re-issue the Z-Score for the GCE
A/L August 2011 examination, taking the old and new syllabi as
different populations.
The Attorney General replied that the
UGC had abided by the Court order, re-calculated the Z-Scores and
re-issued them. However, a difficulty had arisen in the selection for
admissions from the two populations. The UGC had consulted a team of
academic experts and pooled the two sets for ranking to work out
university admissions.
He said that if anybody was
aggrieved, he was ready to talk to the relevant parties and arrive at a
settlement favourable to all.
The Chief Justice said that
the Supreme Court judgment clearly had clearly stated that the two
syllabi were different populations and they should be dealt with
separately. They should not have been pooled together. If the UGC had
had a problem in understanding the judgment, the UGC should have
consulted the Attorney General who would have moved the Court for a
clarification, she said.
In this fundamental rights
violation application, a group of GCE A/L students, who sat under the
old syllabus complained to the Court that subsequent to the Supreme
Court judgment of June 29, 2012, the UGC had re-calculated the
Z-Scores, taking the two syllabi separately. After the recalculation of
the Z-scores some of the old syllabus students who earlier qualified
to enter universities had been left out, the petition said.
Counsels
Sanjeewa Jayawardene and Saliya Pieris, who appeared for the
petitioner students, took up the position that the Z-score of old
syllabus and new syllabus students should not be ranked together to pick
the new entrants. The judgement had clearly indicated to treat the two
syllabi as separate populations.
The Supreme Court granted
leave to proceed with the fundamental rights violation of the old
syllabus students. The next date of mention will be August 30, 2012.
Attorney General Palitha Fernando told the Court that he would look into the possibility of a settlement, and making amends.
Faiz
Mustapa PC, said that the UGC would withhold admissions till the
matter was finalised. He appeared with Kushan de Alwis, Kaushalya
Nawaratne and Mrs. Faizer Marker for the UGC.
Sanjeewa Jayewardene appeared with Niranjan Arulpragasam for a group of petitioner students.
The
Attorney General, Palitha Fernando PC, appeared with Senior State
Counsel, Nevin Pulle, for the Commissioner General of Examinations and
the Minister of Education.
The Bench comprised Chief Justice Dr. Shirani Bandaranayake, Justice K. Sripavan and Justice S.I. Imam.