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1984 MarsdenLR 50

HASHIM YEOP SANI, SALLEH ABAS, SYEDIL BARAKBAH
RAVINDRAN P.MUTHUKRISHNAN – Appellant
Versus
MALAYSIAN EXAMINATIONS COUNCIL – Respondent


Advocates:
For the appellant Karpal Singh; M/s. Karpal Singh & Co.
For the respondent M. Mahalingam; Senior Federal Counsel

JUDGMENT

Hashim Yeop Sani FJ:

This appeal arose out of a student's dissatisfaction about the Malaysian Examinations Council's decision to annul his Sijil Tinggi Pelajaran Malaysia results awarded to him in 1982. The Council apparently did this based on the undisputed fact that his scribbled notes were found on his table during an examination on a Chemistry paper. Basically his complaint was that he had already explained the circumstances leading to a discovery of the scribbled notes on his table and secondly he was not given an opportunity to be heard before his examination results were annulled by the Council.

On 17 March 1983 the STP results were released and the appellant obtained the results slip with annulment of the Chemistry results endorsed on the slip. He appealed for a review of this annulment to the Malaysian Examinations Council in his letter dated 27 March 1983. On 3 June 1983 he wrote again to the Council to expedite the hearing of his appeal. In the meantime the appellant had applied for a place in the local universities as well as in the University of Singapore. Ultimately only the Universiti Sains Malaysia Penang offered him a place in the Science Course Year 1.

On

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