Fundemental Rights Essay

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Legal Method – LWU 1412 1. Facts and the situation of the case The case Visal Bhashitha Kaviratne and others Vs W.M.N.J. Pushpakumara, Commissioner General of Examinations [SC (FR) Application No.29/2012] arose as a application was filed by 16 students who sat for the G.C.E. Advanced Level Examination in 2011 and by a Trade Union (“Ceylon Teachers Union” – registered under the Trade Union Ordinance, No.14 of 1935) against the violation of the aforesaid petitioners’ fundamental rights which are guaranteed in the 3rd Chapter of the constitution under Article 12 (1). The petitioners primarily averred that the common formula used by the University Grants Commission in calculating the Z- scores of the students who sat for the aforementioned examination under the old and new syllabi is erroneous and unjustifiable which has thereby led to the failure in ranking the most suitable and deserving students in receiving admittance to the Universities in Sri Lanka. Furthermore, the petitioners stated that from the year 2000 onwards the University admissions were based upon a statistical method known as the Z – score method, and the University Grants Commission (UGC) had overlooked the precedent set upon in 2000, where, the students who sat for the Advanced Level examination under the then old and new syllabi were treated as separate entities. The abovementioned precedent set in 2000 had given a valid expectation to the petitioners’ as they believed that the UGC would apply the same measures in 2011, as students who were introduced to a new syllabus in 2009 sat along with students who were following the old syllabus for the Advanced Level examination held in 2011. Hence the petitioners’ requested the court to overrule the irrational, arbitrary and unjust conduct of the relevant authorities (the 1st 2nd and 3rd respondents; i.e. Department of Examinations, University

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