Making its observation regarding a writ petition filed over the 2020 G.C.E. (A/L) Examination chemistry question paper (Part I), the Court of Appeal observed that it is the duty of the Commissioner of Examination and other relevant authorities to conduct an appropriate inquiry and take appropriate decisions in respect of the paper setters and the moderators of the chemistry paper for the best interest of the candidates who sit future A/L Examinations.
The Court of Appeal’s two-judge bench, comprising Justices Sobhitha Rajakaruna and Dhammika Ganepola, made this observation in respect of a writ petition filed by retired Associate Professor in Chemistry Wellalage Don Wijedasa Jayatilake. However, the court refused to proceed with the petition, and the application was dismissed accordingly.
In his petition, the Associate Professor sought a writ order restraining the Commissioner of Examination from selecting and/or appointing the members of the panel of paper setters and moderators of Part I of the Chemistry examination paper for any future examinations.
The Respondents contend that the Petitioner has no legal right or ground to maintain the instant Application or to seek the reliefs contained in the petition. It is submitted that the Petitioner has made this Application solely on his personal opinion, which is unknown to the Respondents even without any inclination of the candidates who are purportedly affected.
“Even in the event that this Court decides to accept the position that the said chemistry paper is flawed by containing erroneous questions, it cannot be assumed that the Petitioner is entitled to the reliefs prayed for in the prayer of the Petition in the same way such reliefs have been formulated”, Justice Rajakaruna observed.
The Minister of Education, the Secretary to the Minister of Education, the Commissioner General of Examinations, and several others were named as respondents.
