CJ advises UGC to admit more students to resolve Z score quandary

By S.S. Selvanayagam

Chief Justice Shirani A. Bandaranayake yesterday (30) advised the University Grants Commission to take more students for university admission and increase the infrastructure to accommodate them.

She recollected a similar situation that arose in 1991 and pointed out that it was resolved with the intake of more students.

Counsel for the UGC informed the Court that the UGC is in the process of preparing for the final report in consultation with the Attorney General and the Counsel for the Petitioners to finalize the University admission.

The Bench comprising Chief Justice Shirani A. Bandaranayake and Justice K.Sripavan said that a formula should be agreed upon and that it should be informed to the students.

Court fixed the matter to be mentioned on September 3 before Chief Justice, Justices N.G. Amaratunga and Sripavan. If the matter is not resolved before 3 September, the same Bench will sit on 10 September to hear it.

Inundated with fundamental rights petitions of several hundred of G.C.E advanced level students in respect of Z-Score calculation, the Supreme Court has granted leave to proceed with another set of six petitions for the alleged infringement of their fundamental right to equality and fixed the matter for argument on 3 September.

The Petitioners are students who sat for the GCE (Advanced Level) Examination held in August 2011 under old syllabus and new syllabus in different streams.

They cited Commissioner General of Examinations, University Grants Commission, Higher Education Minister S.B. Dissanayake, Education Minister Bandula Gunawardene and the Attorney General as Respondents.

Saliya Peiris, President’s Counsel Manohara de Silva as well M.A. Sumanthiran instructed by Mohan Balendra and Sanjeeva Jayawardena instructed by G.G. Arulpragasam appeared for the Petitioners.

Attorney General Palitha Fernando with Senior State Counsel Nerin Pulle and State Counsel Suren Gnanadas appeared for the Attorney General. President’s Counsel Faisz Musthapha instructed by Gowry Shangary Thavarasha appeared for the UGC.

Petitioners impugn, inter alia, the irrational, discriminatory and unreasonable way of in which the Respondents implemented the determination of ranks following the Supreme Court Judgment in the case bearing SC FR 29/2012 dated 25 June 2012, wherein the Supreme Court has held that the candidates of the G.C.E (Advanced Level) Examination 2011 should be considered on the basis that the old syllabus and new syllabus and are two distinct populations.