KUALA LUMPUR, Jan 9 – The Malaysian Examinations Syndicate (LPM) and the Government of Malaysia on Thursday filed an application to strike out a negligence suit filed by a 13-year-old boy with dyslexia concerning the leak of the 2014 Ujian Pencapaian Sekolah Rendah (UPSR) examination papers, stating that the civil suit did not disclose any reasonable cause of action.
Other reasons stated in the application filed on Nov 19 were that the civil suit was an act that would only humiliate, trouble, prejudice and abuse court proceedings. Members of the media received copies of the application today. In the application, the defendants also stated that the civil suit was a hopeless case and obviously unsustainable.
The defendants are seeking for costs and other relief deemed fit by the court to be paid by the plaintiff. High Court Judge Datuk Rosnaini Saub set Jan 16 for case management. On Oct 13, K. Mangala Bhavani, the mother of the boy, Ananda Krishnan Menon, filed the suit on behalf of her son, who claimed that the defendants had been negligent in managing the UPSR examination papers last year, causing him to retake the exam for several subjects.
The pupil of Sekolah Kebangsaan Taman Tun Dr Ismail 2 also claimed that the defendants had failed to implement a safe system to prevent the leak of the examination papers. Ananda said as a person with dyslexia and special needs, having to retake the exam had also caused him acute stress, demotivation and frustration.
The 2014 UPSR examination was scheduled for Sept 9 to Sept 11, 2014, but following a series of leaks, pupils had to re-sit the Science, English, Mathematics and Tamil Language papers on Sept 30 and Oct 9. The pupil sought special, general and aggravated damages and costs.