Leave to proceed allowed in FR petition

Non-admission of child to Ananda College:

to the petition. The petition was taken up to support before three Supreme Court Judges Justice Prasanna S. Jayawardena PC. Justice Dehideniya and Justice Vijith K. Malagoda.

Senior Counsel Ian Fernando appearing with Sumudu Ratnayake instructed by Avendra Abeysinghe and Dushantha Kularatne of Derric Fernando Associates submitted that the petitioner’s son Devala Munige Praharsha Aradya who was the second petitioner for this petition was adequately qualified and eminently suitable for admission to Ananda College by the circular No 22/2017 issued by the Ministry of Education.

The Counsel stated that the petitioner applied for admission under Residency /proximity/ feeder area category and the petitioner’s son was qualified but was not admitted to the school.

The petitioner claim that the totality of circumstances enumerate during the interview by the petitioner was sufficient for the respondents to admit the petitioner’s son to the school.

However refusal to admit his son to the school had caused an irreparable loss, damage, and detriment to the petitioner and his son. Therefore the counsel pleaded to grant leave to proceed with the application. He pleaded further to declare that the petitioner’s Fundamental Rights to Equality and Equal Protection of the law as guaranteed Under Article 12(1) and 12(2) of the Constitution has been infringed by the respondents acting jointly or severally thus to order to admit the 2nd petitioner to the school

And to direct or order to leave aside and secure a vacancy in grade one remains unfilled.

Also to order the respondents to not to complete filling the vacancies to Grade one for year 2018 until the determination of this application.

The Supreme Court allowed a petitioner to proceed with a Fundamental Rights petition filed against Ananda College, Maradana for continually refusing to admit a child to Ananda College for the year 2018.

The petitioner has contended that refuse to admit the petitioner’s son to the college was arbitrary, capricious, unreasonable and of no-force in law and a violation of the Constitution and an imminent violation of the petitioners Fundamental Rights.

The petitioner Devala Munige Tharanga Deepal of No 238/1/2, Maligakanda Road Maradana had petitioned to the Supreme Court against the Minister of Education Akila Viraj Kariyawasam, Secretary to the Ministry of Education Sunil Hettiarachchi, Principal of Ananda College S.M. Keerthiratna and ten other members of the interview board, the Appeal Board and the Attorney General as respondents