ISLAMABAD: The Islamabad High Court (IHC) on Friday turned down a plea for cancellation of O and A Levels examinations. A single bench of Chief Justice Athar Minallah heard the petition of O and A Level students.
The verdict said the prayer sought in the instant petition is not ‘justiciable’ and “the petition is, therefore, accordingly dismissed in limine.”
The petitioners had sought the IHC’s direction to the federal government, so it is compelled to send/forward a request to the Cambridge Assessment International Education i.e. respondent no 2, to switch from ‘examination based assessment’ to ‘school assessed grades.’
They prayed before the IHC to restrain the respondents from compelling them to take the examinations, and they asserted that their grievance stems from the life threatening crisis relating to the Covid-19.
The petitioners’ counsel drew the court attention to the Cambridge Assessment International Education policy to the effect that in countries, and regions of countries, “where government directives mean that exams cannot take place, the examinations could be switched to school assessed grades using students’ work”.
The court observed that in a nutshell, the petitioners were seeking a direction so that they could be assessed on the basis of school grades using student work instead of taking the examinations.
The petitioners are in fact seeking a direction to be assessed in a particular mode i.e. based on school grades.
The decision as to what mode should be adopted to assess the students pursuing O and A Level courses is definitely a policy matter.
Justice Minallah said, “Moreover, since the grievance is in the context of the crisis of Covid-19, therefore, the competent forum to consider and formulate the policy in consultation with respondents no 1 and 2, falls within the domain of respondent no 3 i.e. National Command and Operation Center.”
He added that this court vide order, dated 18.11.2020, passed in writ petition titled ‘Islamabad Marquees, Catering and Banquet Hall Association v. Federation of Pakistan, etc’ has observed in relation to the role and status of the National Command and Operation Center, as follows: “The decisions of the Committee are based on expert advice, which must be respected and followed in order to avert a catastrophic social, economic and life threatening crisis. The invisible enemy threatening humanity can only be defeated through a unified committed effort. The nation has no other choice but to unite and protect humanity from the harm of the pandemic.”
It maintained that this court has already held that the decisions of the National Command and Operation Center are binding and not justiciable by a judicial forum.
The grievance raised by the petitioners relates to policy of the federal government in the context of dealing with the crisis of Covid-19.
“This Court, therefore, is not the competent forum nor has the expertise to direct the respondents regarding what mode should be adopted relating to assessment of students,” held the IHC bench.
It continued that the petitioners, if so advised, would be at liberty to file a representation before the National Command and Operation Center.
In case, such a representation is received then the latter is expected to consider the same and take such decisions as it may deem appropriate in the circumstances.
Copyright Business Recorder, 2021
Comments
Comments are closed.