Commissioner General of Examinations Amith Jayasundara announced that free marks will be awarded to all students for three questions in the 2024 Grade 05 Scholarship Examination, in compliance with a recent Supreme Court order.
The Supreme Court ruled on October 31 that the Cabinet’s prior decision to award free marks for the leaked questions violated fundamental human rights. The court directed the Commissioner General to implement one of three recommendations proposed by an experts’ committee.
Experts’ Recommendations
- Exclude the compromised questions from scoring.
- Award free marks for the compromised questions to all candidates.
- Administer a new test.
After evaluating the options, the Commissioner General deemed the second recommendation the “most fair” and “most suitable” solution.
Supreme Court Findings
The court declared that neither the Constitution nor the Public Examinations Act grants authority to the Minister or Ministry Secretary to influence or override the decision-making power of the Commissioner of Examinations. While consultation is permitted, the final decision must rest solely with the Commissioner, as mandated by law.
The ruling clarified that any attempt by the Minister or Secretary to usurp the Commissioner’s authority would be unlawful. Similarly, the Commissioner cannot delegate or relinquish his decision-making responsibilities.
This decision follows allegations of question leaks during the examination and earlier Cabinet recommendations to award free marks to all students. The Supreme Court’s directive ensures the autonomy of the Commissioner of Examinations while addressing the issue’s impact on students.
