STUDENT SUES MASTER AND BOARD

Chronicle (Levin), 28 August 1946, Page 8

STUDENT SUES MASTER AND BOARD

-Press Association

EXAMINATION MIX-UP ENDS IN COURT DAMAGES OF £450 CLAIMED

By Telearaph-

WELLINGTON, August 27. A foriuer student of Wellington College, Jaines lan MeLean, now a farinhand, of Marton, suing by his father, WilJiam Theodore AlcLean, litter and turner, of Wellington, was plaintifl 11 an unusual actiou before Mr. Justiee Johnston and jury of four in the Supreme Court. Defendants from \vhom £4o0 dainages were elaimed, were James Ilall, a niaster of the College^ and the Govemors of the Wellington College and Girls' liigh School. The statement of cJ.aim alleged that during 11)15 the defendant liall was plaintiff's fonn niaster. ln 1944 plaintifl' sat f.or the school certilieate exami nation and passed in geography, French, Arithmetie, algebra, geometr> and cheinistry but failed in English, a subject in wliich it was compulsory for hini to pass to be credited witli a pass in . the whole examination. He was, however, granted a partial pass. Under the rules of statutes of the Lmversity of New Zealand, it was necessary for plaintiif to matriculate to coniplete his scliool certilieate by passing in English and to pass in three' umversity entrance examination subjects and two school certilieate subjects, including English. Entry forms i'or tlu examination in 1945 were, it was further alleged, provided for plaintiif b\ the Board of Govemors througli Hall and illled in by plaintiif under llaJi's supervision and udvice. Plaintiif entered his name as sitting for three university entrance subjects, mathematics, cheinistry aud Prencli, and two schooi certilieate subjects, English and geo grapliv. lle iievertheless was infornieu by ilall that it was unuecessary for iiim for the purposes of the university entrance examination, to sit any schooi certilieate subject otlier tlian Englisn. The Board collected fees totalling £l 12s for the three entrance subjects and oue certilieate subject. Plaintiif claiined that the Board liad failed, either by itself or its servunt, E. A*. llogben, the iieadniaster, to check the records or facts to ensure that plaintiif sat the correet number and/or classilication of subjects for the university entrance examination. Plaintiif passed in tlie four subjects for wlucli lie liad been advised to sit but was not credited with liaving passed the examination becanse he failed to sit and pass in two school certilieate subjects. He was thereby prevented from attending at university to study and qhalify in his chosen profession of veterinary surgeoii or in any otlier profession or caliing requiring a pass in the university entrance examination or matriculation. Ile liad also lost the benelit oi' a year's intensive study. Un the groimds that Hall and the Board by itself or through the headmaster, had been negligent, plaintiif elaimed £450 damages from defendants and the reeovery of £2 12s paid in fees.

The defenee was that Hall was fonn niaster of plaintiif iu mathematics and science only iii 1945 and it was denied that an eutrv form had been filled in

uuder .his supervision and advice or that he had informed plaintiif that it was unnecessary to sit any school certilieate subject otlier tlian English. It. was elaimed that all reasonable steps had been taken to enable pupils to uiiderstand the requirements of the examination arnl complete the form properly. The distribution or eollection of examination forms to and from ' stndents, was undertaken by defeu danls at the request of and on behalf of the University of New Zealand and Education Department, for the convenience of all concerned, tliis being the practice throughout New Zealand. The only responsibility taken by defendants was the distribution and eollection of forms and fees. The forms sct out clearly the subjects i'or and conditions of each examination and if plaintiff had failed to iill in his form correctly or sit for any subject, such omission was solely due to his own negligence. The case is proceeding.