Court has no jurisdiction to review exam body’s actions

The case brought by a group of students and parents against the region’s sole examinations body has been thrown out by a local High Court Judge.

On Wednesday, Madam Justice Michelle Weekes struck out the claim of the students and parents who were seeking a judicial review of the process of the 2020 Caribbean Examinations Council (CXC) exams and those pending for 2021.

After hearing arguments from CXC’s legal counsel Ramon Alleyne, Q.C. and Richelle Nichols and lawyers Bryan Weekes and Liesel Weekes for the aggrieved students and parents, Justice Weekes held that the council has by law immunity from suit and all legal processes.

She also ruled that the certificate of the Minister of Foreign Affairs certifying the immunity of CXC was conclusive as provided by the legislation of such immunity. This means that the Court has no jurisdiction to review the actions of the regional body as it relates to its inter-jurisdictional obligations in the administration of the regional exams.

Justice Weekes further held that CXC qualifies as an inter-governmental organisation and is not an authority of the Government of Barbados.

As such, CXC is not an authority as contemplated by the Administrative Justice Act of Barbados.

The court also struck out the claim against Minister of Education, Technological and Vocational Training Santia Bradshaw and the Attorney General Dale Marshall – the second and third defendants respectively.

The students and parents wanted the court to declare that the examination process and means of assessment for the academic year 2020-21 in relation to CSEC and CAPE level examinations implemented on 26 May 2021 and endorsed by the Ministry of Education is irrational, unreasonable and therefore unlawful.

The group was also seeking a declaration that the examination and assessment process implemented in relation to the students by the CXC for both CAPE and CSEC level tests for the 2019-2020 academic year was irrational and unreasonable and therefore unlawful.

The claimants wanted the judge to make a third declaration that the council’s decision in the prevailing circumstances to implement the examination and assessment process for the 2019-2020 and 2020-2021 academic years was, and is manifestly, unreasonable and an abuse of discretion/authority.

They were also asking for an Order of Certiorari to quash the final grades issued to the affected class of persons represented in this action by the CXC for the June 2020 examination.; an order of mandamus mandating that the regional body review the claimants’ submissions for the July/August 2020 examinations applying a methodology that is fair, transparent and reasonable in all of the prevailing circumstances; and an injunction restraining the CXC whether by itself and/or its agents or otherwise howsoever from destroying all 2020 examination scripts until the final determination of this matter.

The claimants also wanted an injunction restraining the council from administering the 2021 examinations as proposed and as announced on the 26th day of May 2021 and an Order of Mandamus mandating that the CXC review and amend the assessment process for the 2021 examinations prior to administering the same.

The aggrieved students and parents had also asked the court for damages, costs to be paid by the council, the Ministry of Education and the Attorney General’s Office whether jointly or severally and such further and/or other relief as may be deemed fit.

Efforts to reach attorney for the claimants Liesel Weekes and spokesperson for the students and parents Paula-Anne Moore tonight were unsuccessful. (emmanueljoseph@barbadostoday.bb)