Concluding the proceedings in eight rights applications on Wednesday the Supreme Court, in order to resolve, approved the proposal by the University Grants Commission (UGC) to admit an additional 5,609 students to the universities for the current academic year 2011/0212, in excess of the normal annual intake of 21,500. The new figure included 681 more [...]

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SC approves UGC’s third formula to resolve vexed

By Wasantha Ramanayake
The Z-score issue
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Concluding the proceedings in eight rights applications on Wednesday the Supreme Court, in order to resolve, approved the proposal by the University Grants Commission (UGC) to admit an additional 5,609 students to the universities for the current academic year 2011/0212, in excess of the normal annual intake of 21,500.

The new figure included 681 more students than the number earlier approved by the Court on September 3, to follow Arts stream courses.When these cases were mentioned in the Court earlier on September 3, the court approved the third scheme of the UGC that enables the most number of students (4,928) to get university admission.

The four schemes formulated by the UGC were, firstly, to increase the normal annual intake of 21,500 by 3,675, secondly by 3,048, thirdly by 4,928 and fourthly by 4,457.The UGC decided to take in 681 additional students to follow the courses in the Arts stream increasing the number to 5,609, since the percentage of Arts stream students in the additional intake of 4,928 is comparatively lower.

“These were the luckiest,” the Chief Justice said referring to the additional intake. She noted that though the court approved the third scheme put forward by the UGC that benefited the greatest number of students, still there are a large number of students whose grievances could not be met even by the current methodology.

The court also insisted that the batch of 681 should be admitted to the universities this year when the UGC proposed to admit them to the Arts faculties next year. While admitting that grievances of all students who petitioned the court could not be met, she strongly recommended the UGC to allow any students who sat the examination last year for the third time be allowed to sit the A/L examination next year whereby they would get another chance to enter university.

“Since it is a policy decision the Government should take, the court could not order,” the Chief Justice noted.
It also ordered the UGC to allow any students who have not previously made any application to apply for university admission. They could do so within 14 days of the publication of the advertise-ment calling for applications, the court ordered. The Chief Justice also noted that even in the Arts stream students register for various courses and added the UGC should be mindful of this before admitting students to the universities in the North and East.

Counsel appearing for the petitioners pointed out that it would make a great difference to their clients’ lives if they are to be admitted this year. They argued that if the student admission is delayed that will not be a settlement.
“Not all of my petitioners are happy,” Counsel Saliya Pieris told court. He said that some of his petitioners were unhappy about the terms of the UGC, although they would be able to get a place in a university despite the fact that they could not secure a place in a medical faculty.

He told court some petitioners who were eligible to enter the medical faculty under the previous Z-score calculation might not be admitted to the medical faculty based on the latest district and all island rankings. Therefore counsel requested the UGC to increase the intake to the Colombo medical faculty to 205. It was revealed that the Colombo medical faculty has places for only 200 medical students, but counsel pointed out the faculty accommodated 215 students in 2005.

Counsel Sanjeewa Jayawardane also pointed out that a number of his clients too was not satisfied with the UGC scheme since it was not possible for them to enter the university.

The Chief Justice noted that the Attorney General, the UGC officials and the counsel for the petitioners had five rounds of discussions before arriving at the four schemes of admission to the university and said the court appreciated the contribution of all of them to resolve the issue. The court gave approval to 11 proposals submitted by the UGC in relation to university admission for the current year considering two groups of students who sat under new and old syllabi as a single group. The Court directed the UGC to re-calculate the Z-scores treating them as two separate groups.

President’s Counsel Manohara de Silva and Counsel M.A. Sumanthiran, Sanjeewa Jayewardane and Saliya Pieris appeared for the petitioners in the eight petitions.

Attorney General Palitha Fernando PC., with Senior State Counsel Nerin Pulle appeared for the Minister of Higher Education and Commissioner General of Examinations. President’s Counsel Faisz Musthapha instructed by Gowry Shangari Thavarasa appeared for the UGC.




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