The Commissioner General of Examinations, Amith Jayasundara, has announced that all students who sat for the 2024 Scholarship Exam will be awarded free marks for the three questions alleged to have been leaked. This decision comes as a result of a recent Supreme Court order issued on December 31.
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- Court Verdict – Full Version
Supreme Court Decision on Human Rights Violation
The Supreme Court declared that the Cabinet of Ministers’ prior decision to award free marks for the leaked questions violated students’ fundamental human rights. As part of its ruling, the court ordered the Commissioner General of Examinations to implement one of the three recommendations proposed by an expert committee that was convened to address the matter.
Recommendations Made by the Experts’ Committee
The expert committee outlined the following three options to resolve the issue:
- Excluding the compromised questions from the scoring process.
- Awarding free marks for all candidates for the compromised questions.
- Re-administering the examination with a fresh test.
After careful evaluation of the advantages and disadvantages of each recommendation, the Commissioner General concluded that awarding free marks to all candidates was the most fair and practical solution.
Court’s Clarifications on Decision-Making Authority
In its verdict, the Supreme Court clarified the legal boundaries of decision-making regarding public examinations:
- The Minister or Secretary to the Ministry cannot intervene, issue directions, or assume authority over decisions reserved for the Commissioner of Examinations under the Public Examinations Act.
- While consultation with the Minister or Secretary is permissible, the final decision-making authority rests solely with the Commissioner.
- The Supreme Court emphasized that the Commissioner must exercise discretion independently, without influence or delegation of power to other entities.
Background of the Case
The controversy arose after allegations surfaced regarding the leakage of three questions in the 2024 Grade 5 Scholarship Examination. Following these allegations, the Cabinet of Ministers recommended awarding free marks to all students for the affected questions. This decision, however, led to legal challenges, with the Supreme Court ultimately deeming the process a violation of students’ fundamental rights.
Final Decision and Implementation
The Commissioner General of Examinations assured the public that his decision to award free marks was made in line with the Supreme Court’s directives and was aimed at ensuring fairness and equity for all students. The implementation process is expected to proceed immediately to conclude this contentious matter.
