Students win suit against 'ponteng' teacher

The Kota Kinabalu High Court has ruled in favour of three students who initiated a lawsuit because their former English teacher skipped classes (ponteng).

Judge Leonard David Shim, in his judgment delivered yesterday, ruled that the five defendants in the case had violated three students’ constitutional rights to access education.

The defendants are former teacher Mohd Jainal Jamran, SMK Taun Gusi principal Suid Hanapi, the director-general of education, the education minister and the government.

Shim also ruled that the five defendants had breached their statutory duty under the Education Act 1966 in failing to prepare the three students for examinations.

The judge declared that the second defendant - Suid - had breached his duties under Regulations 3C, 25 and 26 of the Public Officers (Conduct and Discipline) Regulations 1993.

Given this, the judge awarded RM50,000 to each of the three students to be borne jointly and severally by the five defendants.

Of that amount, RM30,000 was awarded as nominal damage for the loss of opportunity the three students suffered.

"It is undisputed that English is a core subject for SPM and enrolment into any higher level of education or university.

"The court finds that an award of nominal damages to each plaintiff in the sum of RM30,000 for the loss of opportunity to obtain good grades in English and loss of a good opportunity in their lives to receive better education in the future," Shim said.

The remaining RM20,000 was awarded as an aggravated cost because of the emotional and/or psychological trauma caused by the hurt and humiliation due to the teacher's absenteeism.

No order was made on costs because the matter involved questions of the fundamental constitutional right to education and issues of public interest, the judge added.

Plaintiffs Rusiah Sabdarin, Nur Natasha Allisya Hamali, and Calvina Angayung filed a suit in December 2020.

They accused Jainal of being absent, arriving late, and leaving early from class for seven months between March and October 2017.

Jainal is also the subject of a similar suit filed by Siti Nafirah Siman which is still being heard.

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