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Kalmunai student awarded Rs. 100,000 for A/L Chemistry paper muddle

by Wasantha Ramanayake

The Supreme Court yesterday awarded Rs.100,000 to an Advanced Level student of Kalmunai, where two sheets of her Chemistry answer script at the Advanced Level Examination held in April 2002, were removed and posted to her father.

At the conclusion of the Fundamental Rights application filed by petitioner Ruztha Farvin of Kalmunai, Justice Mark Fernando PC, in an unanimous judgment, held that the rights of the petitioner were violated by the respondent officials of the Examinations Department since they had failed to investigate the matter properly. The court ordered the State to pay Rs. 100,000 to the petitioner as compensation.

The Court directed the first respondent, the Commissioner General of Examinations to consider whether a disciplinary inquiry could be held to determine whether the third respondent Deputy Commissioner of Examinations failed to conduct a proper inquiry.

Petitioner cited 17 respondents including W.A. Mahinda Wijesiri, Commissioner General of Examinations, Additional Commissioner P.R. Pieris, Deputy Commissioner K.M.H. Bandara.

She alleged that two sheets of her Chemistry 2 answer script were removed and posted to her father. As a result, she had received less marks.

She had complained of the incident to the sixth respondent, the then Commissioner of Examination who had failed to redress her grievance.

Elmore Perera appeared for petitioner.

State Counsel M. Gopallawa appeared for the respondents.

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