The Court of Appeal today rejected a petition filed by a civil activist seeking a court order suspending the time table issued for the G.C.E. Advanced Level examination, which is scheduled to commence from February 07, 2022.  

The writ petition had been filed by the by the General Secretary of ‘Vinivida Peramuna’, Attorney-at-Law Nagananda Kodithuwakku.

However, Appeals Court Judge Sobitha Rajakaruna decided to reject the petition without taking it up for consideration.

Delivering his judgment, the judge stated that the court had no jurisdiction to grant the relief sought in the petition.

Pointing out that this court was not an institution that exercised jurisdiction over fundamental rights, the judge said therefore, it is not possible for the court to consider the relief sought in this petition.

In his petition, Mr. Nagananda Kodithuwakku had informed the court that students sitting for the G.C.E. Advanced Level examination this year had lost about 90% of their total academic period due to the Covid-19 pandemic and the strike actions by teachers. 

He says that the Director General of the National Institute of Education had therefore recommended to the government to postpone the A/L exam for at least 20 weeks from November in order to provide students with that lost time once again. However, he accused the government of setting aside the recommendations and holding the exams arbitrarily.

The attorney therefore requested the court to issue an interim order suspending the time table of the Advanced Level examination, which is to commence on February 07, and also requested the court to order education authorities to postpone the exam by 20 weeks. 

However, two intermediate petitions had been filed by attorney representing two students who are sitting for the A/L exam this year, arguing that the court of appeal had no authority to grant the relief sought in the petition. 

After considering the facts presented before the court, the judge decided to reject the petition without taking it up for hearing.