Government decides not to re-conduct Grade 5 Scholarship Exam: AG tells SC

• Decision made citing concerns about students’ mental stress and disruptions to the examination calendar

By Lakmal Sooriyagoda   

The Attorney General’s Department yesterday informed the Supreme Court that the Cabinet of Ministers has recommended not to re-conduct the Grade 5 Scholarship Examination, taking into consideration the mental stress students would undergo and the adverse effects it would have on the scheduled examination calendar.  

Solicitor General Viraj Dayaratne, appearing for the Attorney General, made these remarks when three Fundamental Rights petitions filed by several students and their parents, seeking to cancel the Grade 5 Scholarship Examination, were taken up before the Supreme Court.   

Dayaratne submitted to the Court that a cabinet memorandum, submitted by Prime Minister Harini Amarasuriya on November 25, 2024, in her capacity as Minister of Education, explained the government’s position, indicating that three marks could be allocated for each student concerning the three disputed questions.  

Meanwhile, the Attorney General has filed a motion before the Supreme Court seeking a fuller bench comprising five or more judges to hear the Fundamental Rights petitions.  

President’s Counsel Sanjeeva Jayawardena, appearing for the petitioners, expressed serious concerns about the Cabinet’s decision, particularly as it was made while an interim order issued by the Supreme Court is still in effect. He requested that the matter be fixed for an earlier date for argument.  

A three-judge bench of the Supreme Court, comprising Justices Preethi Padman Surasena, Achala Wengappuli, and Mahinda Samayawardhena fixed the matter for argument on December 11.  

On November 18, the Supreme Court issued an interim order preventing authorities from taking steps to release the marks and ranks of the Grade 5 Scholarship Examination held on September 15.  

Additionally, the apex court issued an interim order restraining authorities from calculating and releasing the cut-off marks for the examination results.  

The Court further issued an interim order staying the decision to award full marks to three leaked questions and thereby to commence the paper marking of Grade 5 Scholarship Examination.  

The petitioners named Commissioner General of Examinations Amith Jayasundara, Prime Minister and Minister of Education Dr. Harini Amarasuriya and several others as respondents.  

Saliya Pieris PC, with Anjana Rathnasiri and Sarinda Jayawardena, appeared for one of the applications. Sanjeeva Jayawardena PC and Rukshan Senadheera appeared for other petitioners.  

The petitioners named Commissioner General of Examinations Amith Jayasundara, Prime Minister and Minister of Education Dr. Harini Amarasuriya and several others as respondents.