SC orders UGC to re-issue GCE.A/L Exam Z-Scores correcting errors and shortcomings

By S.S Selvanayagam

The Supreme Court yesterday ordered the University Grants Commission (UGC) to comply with the Universities Act and to take necessary relevant steps to calculate the Z-Scores of the Candidates who sat for the G.C.E. Advanced Level Examination 201, according to accepted statistical norms and principles on the basis that the Old Syllabus and the New Syllabus are two distinct populations.

Chief Justice Shirani A. Bandaranayake in her judgment Justices N.G Amaratunga and K. Sripavan agreeing also ordered the UGC to take necessary steps according to the law to re-issue the Z-Scores to all the candidates who sat for the G.C.C. Advanced Level Examination 2011 after correcting the errors and shortcomings without any unnecessary delay.

The Court ruled that since the Z-Scores have been calculated on the basis of the Old Syllabus and the New Syllabus as a single population which is incorrect, the said Z-Scores are null and void.

Court observed it is not with the purview of this application to correct the validity of the new results that had been released with regard to the GCE Advanced Level Examination 2011.

Court noted that in the absence of any cogent material, the Court will not interfere with the results of the GCE Advanced Level Examination held in 2011.

Since the UGC had taken steps to treat the two categories of students who sat for the said Examination under the Old Syllabus and the New Syllabus as a single population, wherein they clearly belong to two distinct populations, Court held that the UGC has violated the Petitioners’ fundamental rights to equality and equal protection of the law.

The Court on February 13 granted leave to proceed with the petition for the alleged infringement of the fundamental rights of the Petitioners to equality and equal protection of the law.

Sixteen GCE (Advanced Level) Students along with Ceylon Teachers’ Union filed the fundamental rights violation petition citing Commissioner General of Examinations W.M.N.J Pushpakumara, Education Minister Bandula Gunawardene, Peradeniya University Prof. R.O. Thattil and the Attorney General as Respondents.

J.C Weliyamuna with Senani Dayaratne instructed by Sanjeeva Kaluarachchi appeared for the Petitioners. Additional Solicitor General Bimba Tilakaratne Jayasinghe with Senior State Counsel Nerin Pulle appeared for the Attorney General. Faisz Musthapha with Kushani Alwis and Faiza Markar Musthapha instructed by Thushari Jayawardana appeared for the UGC. Attorneys-at-Law B.S Atapattu and Senaratne appeared for intervenients.  Prof. Thattil appeared in person for himself.

Petitioners complained by this purported erroneous and unjustifiable application has caused a gross distortion of the examination results.

They alleged one or more or all of the Respondents have violated their fundamental rights to equality and equal protection of the law.

They sought the Court to declare that all the results issued with respect to the G.C.E. (Advanced Level) Examination 2011 are null and void and that the results of the G.C.E. (Advanced Level) Examination 2011 released on or around 25-12-2011 and/or the Z-Scores contained therein, which have been calculated by considering the two syllabuses (New syllabus and old syllabus) as a single population, are null and void.

They asked the Court to direct that the Z-Scores of the candidates of the G.C.E. (Advanced Level) Examination 2011 be calculated according to the accepted statistical norms and principles, and to calculate the Z-Score of a subject on the premise that the new syllabus and the old syllabus are two distinct populations.

They also asked the Court to direct anyone or more of the Respondents to reissue the results of the G.C.E. (Advanced Level) Examination 2011 to all the candidates after correcting the errors as regards the Z-Score and/or other shortcomings.

They sought the Court to make an appropriate interim order suspending any further step/s taken by anyone or more of the Respondents and/or any other authority with respect to the results of the G.C.E. (Advanced Level) Examination 2011, including the university admission, until the final determination of this Application.

They asked the Court to make order calling for all the documentation, records and reports pertaining to the calculation of the Z-Score contained in the official results of the G.C.E. (Advanced Level) Examination 2011 released on or around 30-12-2011 and to award compensation to the Petitioners as determined by the Court.