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Eleven Labasa Sangam College Seventh Formers granted Judicial Review leave to challenge Education Ministry PS Brij Lal's decision to award Zero marks to them in Biology exams

22/1/2014

12 Comments

 
PictureJudge Kumar
"In any event I am appalled and dismayed at the manner in which the education officer (public officer) concerned obtained the statement from a student who went to enquire about his exam result. The manner in which the statement was taken, that is without any warning to the student as to the nature of the statement and its implication is despicable and speaks volume about the officer concerned...Nathaneal denies ever writing the notes annexed to Dr [Brij] Lal’s Affidavit as PS8." Justice Kamal Kumar, 17 January 2014, Fiji High Court, Suva

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Right photo: Rajesh Lal, left, with distraught parents and students at Labasa Sangam College.
PictureBOLE
IN THE HIGH COURT OF FIJI AT SUVA
CIVIL JURISDICTION

Judicial Review No. 5 of 2013

BETWEEN : RAJESH LAL, as next friend of Nathaneal Caleb Lal (Index No. 1041008200) (an infant), of Labasa, Student AND ADDITIONAL 8 OTHERS NAMED IN THE SCHEDULE OF THE APPLICANTS APPLICATION

APPLICANT

AND : THE MINISTER FOR EDUCATION, NATIONAL
HERITAGE, CULTURE AND ARTS, Education Department, Suva, Fiji Islands

FIRST RESPONDENT
: THE PERMANENT SECRETARY FOR EDUCATION,
NATIONAL HERITAGE, CULTURE AND ARTS, Education Department, Suva, Fiji Islands

SECOND RESPONDENT
BEFORE : Hon. Justice Kamal Kumar


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Dr. BRIJ LAL ONLINE Ph.D (Royal Ireland Institute of Business & Tech), MSc (RIIBT), P.G.Diploma (USP), BA (USP), Teachers Cert (NTC) Dr. Brij Lal began his career as a teacher and taught at various schools in Labasa. After the 2006 coup he became the Deputy Secretary for Education responsible for the Primary, Secondary, Asset Monitoring and the Fiji Teacher Registration Board before being appointed as the Permanent Secretary for Education, National Heritage, Culture & Arts.
COUNSEL : Mr R. Naidu and Mr R. Singh for the Applicant

Mr R.Green and Ms S. Ali for the Respondents
DATE OF HEARING : 24 October 2013
DATE OF RULING : 17th January 2014
RULING

(Application for Judicial Review)
"At paragraph 34 of Dr Brij Lal’s affidavit he states as follows: “THAT on 28/12/12, Nathanael Lal arrived at the Examinations Office to pick up his results. Upon finding zero marks for his Biology paper, he wrote in a voluntary statement, annexed as Annexure PS8, that “my friends were copying with each other behind two desks of me; Priya Chand – 8146, Shayaal Kumar – 8194, Kavneel Chand – 8143”. Of course, by this time the SEO’s report had already confirmed that 8143 and 8194 were malpractice candidates. They are also Applicants in this Judicial Review Application.”

At paragraph 3 to 5 of the Affidavit of Rajesh Lal in Reply sworn on 13 August 2013 and in response to paragraph 34 of Dr Brij Lal’s Affidavit he states as follows:  "I have discussed with my son Nathaneal the allegations that Dr Lal has made about him at paragraph 26 and 34. Nathaneal denies ever writing the notes annexed to Dr Lal’s Affidavit as PS8. He says no explanation was offered to him by persons he does not know (and whom Dr Lal does not name) at the time he came to pick up his exam results. No specific allegations were put to him, in writing or otherwise, and he was not given an opportunity to seek legal advice or parental support. He recalls only that he was accused of malpractice. Nathaneal states that when he was given a zero mark he was shocked. He recalls crying as a result of the shock, but little more about the incident. He says he was spoken to harshly by people" - JUSTICE KAMAL KUMAR
12 Comments
Fiji Head Teacher
22/1/2014 10:51:29 am

My poor dear students

Please print out this article and circulate it as widely as possible among the youth in the North. And make sure not to vote for Frank and his party, for a vote for him and his party means Brij Lal and Filipe Bole will continue to beat the students with their dictatorial sticks. Better still, also print and circulate the cartoon - which captures their bheaviour

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Jay Raniga
22/1/2014 11:49:11 am

Is this the same school from where online PHD holder Brijlal ran away during prize giving in December 2013??????

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noelleen
22/1/2014 07:16:01 pm

Because of brijlal's arrogance, tax payers will foot the bill in the matter.

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anil
23/1/2014 01:56:45 am

I have family in the school. The truth or fact of the matter is the kids did copy.

A similar incident happened a few years back.

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Sangam Student
23/1/2014 12:26:31 pm

@ anil - was that family of yours the supervisor?

These students were not sitting together and how come they did not copy in other subjects? And how come they are in enrolled in MBBS, Engineering, Nursing and at FNU?

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Rajesh Lal
23/1/2014 03:01:11 pm

Anil.... I think you are living on a different planet .Have you read the judgment of the high court?
maybe you are a puppet of Dr. Brij Lal.

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Rajesh Lal
23/1/2014 03:18:07 pm

What has Dr. Brij Lal and cronies got to say about the granting of the judicial review for our innocent children . This was an ongoing practice of the ministry to award zero marks to students in their subjects but little didn't they know that a day will come when God will raise somebody to rise up and conquer those wicked people like Dr. Brij Lal and his cronies.
Now its pay back time. Just wait watch and see folks.

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Malti Singh
23/1/2014 03:40:34 pm

You right Rajesh Lal, no one is above God. Justice will be done

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Serwaiya
23/1/2014 05:27:40 pm

there is something which Education Ministry is trying really hard to hide.
School year 2014 started with the removal of the Principal from this same school without any reason.
Does this point towards the Permanent Secretary's closet, where maybe some skeletons are hanging?

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Caroline Lal
24/1/2014 02:38:34 pm

You are right Serwaiya The transfer of Labasa Sangam College is not at all justified .
Is this another of so called online Phd Dr Brij Lals personnel grudge against the principal who was so concerned of the eleven students further education.

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Macui
24/1/2014 05:31:44 pm

The problem is that 'the left side of the Ministry has no idea what it's right side is doing'. Brijlal is controlling everythinga at the Ministry of Education because the Minister of Education is 'sick'.

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kartika chand
27/5/2015 02:45:06 pm

want to work as an court clerk at ur department

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