Examinations Department who change Visakha student's 'A' into 'B' ... lose court case!

Examinations Department who change Visakha student's 'A' into 'B' ... lose court case!

A rare incident was reported recently of a schoolgirl and mother who was involved in litigation for 4 years in Examinations Department not willing to rectify the mistake made by them in giving a 'B' pass to a schoolgirl who had to be given an 'A' pass in the subject English Language at ordinary level examination and in fact she had secured a 'B' pass in that subject. M.D.K. Sandamini Weerasingha who studied at Colombo Visakha Vidyalaya had obtained 8 'A's and one 'B' at the ordinary level examination in the year 2013.

The schoolgirl could not believe her eyes because according to her she had appeared at the
examination in that subject on a level where she could score an 'A'. She had actually obtained 80, 99 and 86 marks in the subject of English Language while her teachers as well as her parents were disappointed about  this schoolgirl who strived with the motive and determination of  securing 9 'A's at the ordinary level. It was after that her mother had appealed to the Education Department indicating that this results could be a mistake. However, the Education Department has in turn informed that the result is correct and that a mistake had not occured and that the pass has been determined according to the criterion that the 'A' pass is given to those who secure over 72 marks and that Sandamini has obtained 71 marks; thus in a manner that her party never expected.

Whatever it is, her parents realised that according to the situation in Sri Lanka they had to be satisfied by that response and pursuing the matter by questioning over and over and getting involved in litigation would be a matter of just squandering time. On the other hand, on the basis that this pass of securing a "B' pass at the ordinary level would be something that would affect her future in any way in a probletic manner; it finally turned out to be a matter that should be dropped.

But Sandamini Weerasingha and her mother had battled it out as it is an injustice that could happen to someone else, without making the issue solely a matter that concerned them only.What they suspected was that there could have been some problem in the instance of adding marks to her answers.

When after the ordinary level examination was over, the Education Department has informed that Sandamini has received a 'B' after the recorrection too; however, parents are not given the opportunity of inquiring the manner in which the marks were given after scrutinising that answer paper. 

However, under these conditions Sandamini together with her mother had filed a case with Human Rights, on which occasion on court orders it  was possible to check the procedure in which marks were given. What was revealed in that instance was that Sandamini has given most answers accurately at the English Language question paper. But what appeared as an conflicting issue was that she was given 0 out of 15 for the essay that she has written. As a result her marks totalled upto 71. Thus, her lawyers pointed out that even when not considering the essay, 71 marks out of 85 has been secured with all marks for the essay not being credited to her which ultimately turned out to be something that aroused suspicion.

A suspicion cropped up whether 0 from 15 was added because of a defect in marking of the answer script where actually 10 was given out of 15. Anyway, the then examinations commissioner has informed that she is given 0 out of 15 for her essay and that there is no point in taq As a consequence, since the Education Department gave no opportunity for he Human Rights case, the case was unsuccessful.

In this situation Sandamini and her mother took steps to approach Supreme Court with the idea of somehow or other rectifying the injustice done to them. The petitioners who thus filed legal action with Supreme Court in 2015 were finally granted justice last week in 2019 after a lengthy period running into 4 years.

On that occasion what the three-member bench of judges said was the essay should be given marks. The moment she is given just one mark the'B' pass should become an 'A' pass and therefore according to orders of Supreme Court, it will be carried out in the future by the Education Department.

Thus, for that just single mark, she and her mother had to engage in a battle for 5 years from 2014 to 2019. Sandamini who has studied for her advanced level these days from Bio Science and got through the examination in flying colours has qualified for entrance to Ruhuna University and she is currently following a course in Chemistry at a private university. After being victorious at the litigation what Sandamini's mother said was that she engaged in this battle for the sake of the entire group of parents.