Section 75: Inclusion of oriental languages in examination syllabus – Interpretation

75. Inclusion of oriental languages in examination syllabus – Interpretation of Constitution—The parts of the Constitution which embody fundamental rights should be interpreted in the light of their history, their sources and, [Issue 1] CON – 188 Revised Laws of Mauritius where applicable, pronouncements on similar provisions similar by other national Courts or international institutions. Human rights have become a global and universal concept. The principle of equality and equal protection of the law is applicable not merely to legislation but also to executive action. The decision of the authorities to include an oriental language in the programme at less than one year from the CPE examination is clearly ultra vires. A differentiation casting a handicap on a large number of pupils who have not studied an oriental language, which was not a compulsory subject under the 6 year programme, does not stand the test of equal treatment for all pupils. (Supreme Court) Pointu v Minister of Education and Science (1995).