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Sri Lanka Law college has passed Mr. Namal Rajapakse, failed me
(Lanka-e-News -01.May.2011,3.45PM) My name is Dassanayake Mudiyansalage Thushara Jayaratne. My NIC number is 720692368v. I am a final year student at Sri Lanka law College and my registration number is 17988.

The Law college has just released the results of the exam held for final year students. President Mahinda Rajapakse's son Namal Rajapakse has passed. I have been listed as absent. I would like to present a few facts regarding this issue.

On 3rd December 2010, I made an official complaint about irregularities in the Law College examination system. I also registered a complaint at the Keselwaththa police station. Following
my complaint which garnered a lot of attention within the college, in the media and by the Asian Human Rights Commission, I was summoned before college authorities on 11th January 2011 and asked to explain the exact nature of the irregularities. I then listed three main complaints as follows:

1. The college allowed Mr. Namal Rajapakse to appear for his exam in an air conditioned room with internet facilities. This is in direct contravention of rule 60 of the college's own exam code as well as article 12(1) of the constitution. Rule 60 of the exam code clearly states that candidates may not have any books or learning aids with them for the duration of the examination. It also does not allow mobile phones - even if they have been switched off. However Mr. Rajapakse was allowed an internet enabled computer on his table. I saw Mr. Rajapakse enter that hall and clearly stated as much at the time of registering my complaint.

2. The question paper on the third day was leaked. I witnessed two candidates discussing the question paper before the exam began.

3. The college registrar used the Law College official phone line to make a threat to my life on 6th December 2010. I was thus unable to appear for the Accounts paper as a result of these threats.

The head of the institution then informed me that he would make a copy of my statement available to me. However I have not received a copy to date.

The honorable principal of the Law College then stated to both Lanka e news and the Sunday Leader that I had made the complaint against the institution because I was not fluent in English and went on to dismiss the complaints as mere hearsay. I immediately wrote a letter to the honorable chief justice on the 26th of January 2011, strongly condemning these statements. I am making arrangements to send you a copy of the letter as an attachment. In the letter I clearly stated that my complaints were not based on hearsay but on what I had personally seen and heard. I sent the letter by registered post.

With regards to the death threat I received, I would like draw your attention to a statement by the former Chief justice to BBC Sandeshaya, where he said that if any candidate was allowed to appear for the exam in an air conditioned room it would be a clear and serious violation of the institute's own exam code and would indeed call the entire examination system into question. The hon. principal made a statement to the media saying that Namal Rajapakse was given an AC room in which to sit for the exam since there was no space in the other examination halls. In my letter sent to the chief justice I pointed out that this claim was an absolute falsehood, since there was plenty of space to accommodate candidates in my own examination hall. The hon. principal then made a statementto the media that a decision concerning me had been made on the 17th. However after sending my letter to the chief justice, and in a
response to BBC Sandeshaya, the hon. chief justice said that a decision in this regard had not been taken as yet and that the matter was still under investigation.

However after this you are aware that I was abducted, I was beaten up in my own home and made to forcibly sign documents. Today with absolutely no decision taken with regards to my complaints, Sri Lanka Law college has passed Mr. Namal Rajapakse, failed me and sought to end the matter there. The question that now arises however is the
validity of rule 60 of the institute exam code going forward and whether it was not contravened. This would mean that future candidates of this examination would have the right to use the internet enabled computers while writing their papers, or given the limited number of computers within the institution, be allowed to bring portable internet devices.
I believe that there is a clear violation of my right to article 12(1), but given my precarious situation, I am in a
position where I am unable to enlist the services of a lawyer, and I have no savings or income. Therefore I would like to make a plea to all of you and the institutions you represent to help me find out if I have any claim to file a fundamental rights petition in the Sri Lanka Supreme court with regards to this matter, and help me file such a petition in the event that it is possible to do so.

If this matter cannot be resolved in Sri Lanka given the current environment, I would request your help in presenting my case before the international human rights court in Geneva. I believe that what took place in the Law College examination is not only a sign of the instition compromising its own examination code, but also sets a dangerous precedent. If this is allowed to continue, I believe that we may soon be faced with a situation where the children of prominent politicians will be allowed to appear for even the Law College entrance examination in unfair conditions
Thushara Jayaratne
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