March 14, 2016: Judgment was delivered today in favour of the Attorney General by Madam Justice Nadia Kangaloo in a matter against Dr. Ryan Wellington, an Open National Scholarship Recipient. This decision is significant as it serves as a strong reminder to defaulting scholars of the great importance of complying with the provisions of their Scholarship Agreement.
Dr. Wellington (the Scholar), who currently resides abroad, was ordered to repay the Government of Trinidad and Tobago after failing to report to the Scholarship Division, as per the Scholarship Agreement as well as submit the necessary documentation as proof of completion of studies. He was awarded a Government Scholarship in 2003 to obtain a Bachelor of Medicine, Bachelor of Surgery (MBBS) at the Royal College of Surgeons, Dublin, Ireland for five (5) years.
Pursuant to such award, the Scholar signed a Scholarship Agreement on 6th September, 2004 with the Government of Trinidad and Tobago whereby he agreed to report immediately to the Scholarship Division of the Ministry of Public Administration (MPA) upon the conclusion of his course of study and make himself available for employment with the Government for a period of at least five (5) years. The MPA was responsible for the Administration of Scholarships at that time. The Ministry of Education (MOE) now has such responsibility.
The obligation to repay the loan would be waived automatically once he served the period of five (5) years in this jurisdiction, as stated in the agreement signed by all scholars. The Government undertook, amongst other things, to pay all of the Scholar’s tuition fees and any other compulsory fees for the duration of his studies. He was also given a textbook and personal maintenance allowance.
At the trial this morning, the State was represented by Mrs. Lesley Ann Lucky-Samaroo, Nadine Nabie, Cherisse Nixon, instructed by Ms. Kendra Mark of the Office of the Attorney General. The State’s Witness was Ms. Gillian Macintyre, Permanent Secretary of the Ministry of Education. The Scholar’s Attorney made an application for an adjournment of the matter as the Scholar was not present. However, the application was denied by Madam Justice Kangaloo on the basis that the Scholar was given sufficient notice of the commencement of the trial.
Having heard the arguments on behalf of the State and due to the Scholars’ non-appearance, Madam Justice Kangaloo awarded the following in favour of the State/ the Claimant:
- On the principal sum of $1,734,994.30 with interest thereon in the sum of $1,328,764.64 and thereafter continuing at a rate of 7 ¾ %;
- Prescribed costs in the sum of $194, 227.98.
- The Scholar/Defendant has to pay sums expressed as principal and interest and costs.
- Stay of execution until 15th April, 2016.
Mrs. Lucky-Samaroo informed the Court that a substantial portion of Government scholarship funds have been expended on medical students and the State has suffered loss and damage due to non-compliance by Scholars.
The Government invests considerable sums of taxpayers’ money in order to provide scholars with the opportunity to fulfill their higher education dreams and as such, they ought to provide the obligatory service or repay the monies loaned to them should they be unable to provide such service.
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The Corporate Communications Division
Ministry of Education
868-628-1581