In a recommendation issued on June 26, the Commission found that the former Commissioner General of Examinations had infringed the students' rights to freedom of religion, equality, and non-discrimination as guaranteed under the Constitution.
The students' results had been withheld after allegations that they violated examination regulations by wearing hijabs that allegedly covered their ears during the examination. However, the HRCSL found that officials failed to establish any breach of the examination rules and noted that several Department of Examinations witnesses confirmed the students' attire had allowed their ears to remain visible.
The Commission also found that the Department had not conducted a proper inquiry before deciding to withhold the examination results. Following the Commission's intervention, the Department released the results and allowed the affected students to apply for re-scrutiny.
The HRCSL concluded that the decision imposed an unnecessary, disproportionate, and unreasonable restriction on the students' right to manifest their religion.
Among its recommendations, the Commission called for an independent inquiry into how the allegation of a rule violation arose and urged disciplinary action against any official found to have acted in bad faith or misrepresented facts.
The Commission also recommended that the Department of Examinations issue clear guidelines confirming that examination regulations should not be interpreted in a manner that restricts the manifestation of religious beliefs. It further called for improved procedures to ensure an adequate number of female, including Tamil-speaking female, invigilators are assigned to examination centres in the future.
