Barbara Gayle, Staff Reporter

The Ministry of Education came under judicial fire last week Friday for refusing to recommend the top girl scorer in the 2007 Grade Six Achievement Test (GSAT) for a scholarship on the basis of hearsay and an incomplete investigation.

The girl was not recommended for the Scotiabank Jamaica Foundation Scholarship because the ministry claimed that there was an alleged leakage of the 2007 GSAT papers at the centre where she did extra lessons.

Breach of the rules

Justice Bryan Syke's described the actions of ministry officials as a breach of the rules of natural justice.

The judge agreed with declarations that the Minister of Education and the Permanent Secretary erred in law and fact when they concluded that there was evidence that the child was exposed to examination papers that were leaked. The judge also found that the ministry's actions were irrational and unreasonable and amounted to pure suspicion.

"I am happy with the outcome", Cleopatra Charles, mother of the 11-year-old girl said last week Friday. She had brought the suit to the Supreme Court after she discovered that another girl was awarded the scholarship reserved for the top scorer.

Damages against the ministry will be assessed on June 6 for "unreasonable behaviour".

Demands apology

Attorneys-at-law Andre Earle and Anna Gracie, who represented Mrs Charles, say they will be asking for a written and published apology from the Minister of Education and the permanent secretary for the embarrassment and humiliation caused to the child and to the owner for the GSAT centre where the child attended extra lessons.

Justice Sykes referred to the excellent grades which the girl got at the preparatory school she attended and the scores she got in the GSAT. The judge said the girl's school grades which were always 94 per cent to 100 per cent were similar to the GSAT scores, which averaged 98.2 .