Gordon

A legal consultant in the education ministry has conceded that the government office had erred in its decision not to grant a student a scholarship on the basis of fears she had benefited from a test paper leak.

"We had made concessions that we should have contacted the parent and the child before the decision was made and give them an opportunity to respond to the allegations," said Haydee Gordon.

The ministry official added that the matter had been referred to the attorney general to seek legal guidance along the way.

No recommendation

The education ministry decided against recommending the Scotiabank Jamaica Foundation Scholarship to a student who had the highest score in the Grade Six Achievement Test last year.

The child's mother brought the ministry to court after it claimed there was a possibility that the student could have been exposed to the test paper, which was allegedly leaked to the homework centre she attended.

Justice Bryan Sykes last Friday ruled against the ministry, saying its actions breached the rules of natural justice and that there was no evidence that the student was exposed to the paper.

Gordon said the ministry sought to arrange a resit of the GSAT, but it could not ascertain the identities of all the students who it felt had been exposed to the leaked test paper.

"The ministry felt that it would be unfair to those who were identified, to subject them to a resit," the legal consultant said.

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

Gordon said the ministry has begun negotiations with the affected party for an appropriate settlement. She noted that the claimant has filed an affidavit on the value of the scholarship and an offer is to be made.

petrina.francis@gleanerjm.com