The Ministry of Education has seen some irresponsible reporting in the local media about a judicial review undertaken by three students who aspired to be National Scholars. The Ministry of Education recognizes the importance of judicial review which is a review process undertaken by the court “directed, not against the merits of a decision, but to the examination of the decision making process”. The Ministry welcomes the opportunity to ensure that the public understands the background to this matter.
It must be noted that there was a judicial review of the process to establish the National Scholars for the year 2014. The process in place, called for principals to offer to the committee called the External Examinations Sub Committee the top performer in external examinations for that year. Each year the Ministry as part of its effort to celebrate the achievements of students, awards to the three top performing Turks and Caicos Islanders, from amongst those nominated by their respective schools, the honour of being called National Scholars. Among prizes given is a scholarship valued up to the sum of $40,000, to study to the Bachelor’s level, at a reputable University in the Caribbean or United Kingdom.
The three students who brought this judicial review argued that the criteria to select the top three for the 2014 year was flawed. They indicated that because they all had at least A’s in 9 subjects that they should have been named National Scholars and further challenged that the selection should only have been based from among students who sat a single set of exams in one year and not from among those students who sat exams over two years, as was the case. In mounting their challenge, they alleged among other things that the Minister acted irrationally, outside of her authority and breached natural justice principles.
The three students raising the challenge were not satisfied that at the Sub Committee level all persons being considered to be named National Scholars were nominated for consideration by their respective Principals. Principals determine who the top performers are based on a point scheme. This process has its foundation in a Caricom treaty that established such committees regionally as part of CXC. BWIC write IGCSE and not CXC; they were later included in the awards. The purpose of that inclusion was to ensure that ALL top performing Turks and Caicos Islanders could be recognized as National Scholars. It must be noted that while all three of the students raising the challenge had each achieved 9 subjects with grades of at least an A, one of them had achieved a higher standard of 9 subjects with a grade A* and was named as the 3rd place National Scholar. A grade of A*is given a heavier weighting in IGCSE, and so this student was offered as being the best performer from his school.
In handing down the judgment it is important to note that the Chief Justice ruled in favor of the Minister and therefore against the students in 11 of the 12 allegations mounted by them. She noted that the Minister among other things, did not act irrational, acted within her authority and there was no breach of natural justice and based on the policy must look at the results over a two year period.
It is unfortunate that the picture being painted in the media is an adversarial one. The Government has the interest of all its students at heart, including those students who mounted the challenge. The aspirations and performances of those students who were offered to the Sub Committee for consideration must be taken into consideration and in no way should their achievements be discredited.
All three of the students who mounted the challenge are currently recipients of Government awards to BWIC to complete Advanced level studies or another institution. As with the other graduates of that year, and once this level is completed are all eligible to apply for consideration for tertiary level scholarships.
The court did observe that it is time for a review of the policy. This is an ongoing process. Based on the judgment of Justice Ramsey, the Minister will reconsider the matter in light of the court’s analysis. The court did rule that the Minister’s decision not to award the title of National Scholar on Greene and Higgs based on the criteria applied by committee and the names offered from principals to the subcommittee was wrong.
The Minister will ask the Sub Committee to once again reconsider the performance of Greene and Higgs and thereafter the Minister will consider that advice and make a final decision.
(Further details on the formation of the committees and judgment will be posted on www.gov.tc)
