Law student challenging UG denial of results review

ACTING Chief Justice Ian Chang has set Monday,  September 16 to begin hearing arguments in relation to a claim by University of Guyana (UG) student Cletus Cox, that he was refused an unconditional review of the Bachelor of Laws examination results.

“Please note that UG will not be bullied under my watch. We have released your results as requested by the order of the Court without attaching any condition. If, however, you find it necessary to request a review of your failed courses, rights reserved to all registered  students, it is important for us to ensure that all your outstanding fees and penalties are fully paid…It costs money to run this place not[a] Court order.” – extract of a letter to Cox from UG Vice Chancellor

The judge had previously, in August, issued a nisi order directed to the UG Board of Governors and the Council to show cause why he should not issue an order or rule nisi of certiorari to bring up to his Court and quash  the decision, by the Board, the Council and the Principal and Vice-Chancellor, contained in a letter from them to the applicant, dated June 4, 2013, on the grounds that it was made in breach of Rule 12 of the University Regulations, unfair, unreasonable, irrational, arbitrary, capricious, ultra vires, null, void and of no legal effect.
Justice Chang further ordered that an order or rule nisi of mandamus be directed to the Board of Governors, the Council and the Principal, compelling them to grant the applicant, within 14 days of service of the edict on them, an unconditional review of the Law of Succession- Law 313 and Trade Union Law – 323 courses he had failed at the final UG examination of the Bachelor of Laws Examination in the academic year 2002-2003, on the grounds that the failure to grant an unconditional review after the demand was made by him was in breach of Rule 12 of the University Regulations,  unfair, unreasonable, irrational, arbitrary, capricious, ultra vires, null, void and of no legal effect.
In his supporting affidavit, Cox said, in September 2000, he was admitted to a UG course of study leading to the Bachelor of Laws degree.

LOAN AGREEMENT

He said, on December 4, 2000 he entered into a loan agreement with the Ministry of Finance and was loaned $300,000, the terms of which were set out in a written agreement.
Cox admitted that he was in default of repaying his loan but was allowed to attend classes and write his final examination.
He is contending, though, that he was told by the Vice- Chancellor that precedent to being granted the review, all outstanding fees and penalties must be fully paid.
An extract from the UG letter to him read: “Please note that UG will not be bullied under my watch. We have released your results as requested by the order of the Court without attaching any condition.
“If, however, you find it necessary to request a review of your failed courses; rights reserved to all registered students, it is important for us to ensure that all your outstanding fees and penalties are fully paid. Your so-called legitimate expectation is reserved for students who ensure that they have fulfilled all their financial obligations to the  university and not those who want to take the University for a fool. It costs money to run this place not Court order.”
The originating motion was filed by Senior Counsel Rex Mc Kay and other attorney-at-law Mrs. Bettina Glasford, on behalf of Cox.

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