The Suva High Court quashed a decision of the Ministry of Education yesterday to award zero marks to 11 students of Labasa Sangam College two years ago.
High Court Judge Justice Kamal Kumar ruled that the Minister for Education and the Permanent Secretary carry out a proper inquiry into the students’ alleged malpractice.
In 2012, the Education Minister and the Permanent Secretary had alleged the students cheated while sitting for the Biology paper in the Seventh Form External Examination.
After an investigation, the then Permanent Secretary of Education Dr Brij Lal decided to award the 11 students zero marks in Biology.
A judicial review of the decision was then filed by a parent in the High Court.
Justice Kumar ruled that he holds that the applicants were denied natural justice, not afforded procedural fairness and the decision of Dr Brij Lal and the then Education Minister were irrational.
He ordered the inquiry must include detailed allegations in writing to the students and it should include the evidence relied upon by the Ministry.
The court ordered that the students or their representatives be given adequate notice of the allegations and allow the students to be properly heard on the allegations.
The court has also ordered the Education Ministry to pay the applicants $500 as costs.
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