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Thursday, January 8, 2015

Putrajaya moves to stop teen’s UPSR suit on grounds it lacks merit

Students sit for the Primary School Achievement Test. Putrajaya and the Malaysian Examinations Syndicate have applied to strike out a suit brought by a 13-year-old boy following leaks in last year’s test papers. – The Malaysian Insider file pic, January 8, 2015.Students sit for the Primary School Achievement Test. Putrajaya and the Malaysian Examinations Syndicate have applied to strike out a suit brought by a 13-year-old boy following leaks in last year’s test papers. – The Malaysian Insider file pic, January 8, 2015.
Putrajaya and the Malaysian Examinations Syndicate have applied to strike out a suit brought by a 13-year-old boy following the leaks in last year's Primary School Achievement Test, or Ujian Pencapaian Sekolah Rendah (UPSR).
A notice filed by the Attorney-General's Chambers, who is appearing for the government, stated that Ananda Krishnan Menon's suit lacked reasonable cause for action.
A trial will not be heard if the government succeeds in its application.
The government’s application further stated that the suit was frivolous, vexatious and an abuse of court process.
"The plaintiff has a hopeless case and obviously not sustainable against the defendants," stated court papers made available to the media.
The government is also asking for legal costs to be paid by Ananda and other relief deemed fit by the court.
Ananda said in his suit that he had suffered from emotional and mental stress as a result of the examination fiasco.
The suit was filed through his mother K.Managala Bhavani through law firm Rajadevan & Associates last October 13.
Ananda, from Sekolah Kebangsaan Taman Tun Dr Ismail (2) in Kuala Lumpur, said he lacked the will to repeat the entire process of preparation for the resits of the public examination.
In his statement of claim, Ananda said he was more depressed than the other pupils over the resit because of his disability.
Dyslexia is a learning disorder characterised by difficulties with accurate word recognition, decoding and spelling.
Ananda claimed the government did not take action against the examinations syndicate members and their agents over the leaks.
"Instead, the government set up an independent committee to review its standard operating procedure in the conduct and management of public examinations," the schoolboy said in the suit.
He said the syndicate, its employees or their agents were negligent which resulted in the leak of the Science, English, Mathematics and Tamil papers.
He added that the syndicate had failed to provide a safe system in ensuring there was no leak and failed to supervise its employees from the time the examination papers were sent to all schools nationwide.
He is seeking aggravated damages for the mess created by the syndicate.
The examinations syndicate is entrusted to prepare and print question papers for all public examinations as these documents are classified under the Official Secrets Act before the examinations start.
The UPSR examination was held between September 9 and 11, but due to the leaks, pupils were told to resit the Science, English, Mathematics and Tamil Language papers.
On September 30, pupils sat again for the Science and the English language papers and on October 9, retook the Mathematics and Tamil language papers.
- TMI

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