Sri Lankan Cases
B.M. Asiri Tharanga & Thiyagarajah Mahendran v The principal of Kingswood College
Elmore Perera for the Petitioner
Suren Gnanaraj SSC for the Respondent
SC FR Application No. 335/2016
Petitioner alleged that his fundamental right to equality was violated when Kingswood College, Kandy denied his son admission to Grade 1 of the school for 2017.
(1) ‘When a Christian child has applied to be admitted to Kingswood College, Kandy under any category , if the documents show that he is a Christian and if the number of Christian children already admitted are not above the allowed percentage of 20% intake under the religion category , then that child has a right to be admitted under Clause 3.2 of the Circular’.
(2) ‘Nobody can ignore the law provided by two Statutes of Parliament, namely, Act No. 5 of 1960 and Act No. 9 of 1961. The School authorities and the Ministry of Education cannot turn a blind eye to the provisions of law already in force’.
(3) The court agreed earlier judgments in this regard in similar matters in SC/FR 613/2004,614/2004, 615/2004, 616/2004 and 353/2016 which were referred to by the Petitioner.
(4) The court held ‘that the 1st to 3rd Respondents have infringed the fundamental rights of the Petitioner (meaning the 2nd Petitioner in the Caption) contained in Article 12(1) of the Constitution. I make order directing the 1st to 3rd Respondents to admit the Petitioner’s son…forthwith.’
When a student applies to a school under any category, if the documents show that he is a Christian and if the 20% quota has not been exhausted that child has a right to be admitted under Clause 3.2 of the Circular.
Further, The Schools authorities or the Ministry of Education cannot ignore the law provided by two Statutes of Parliament, namely Act No. 5 of 1960 and Act No. 9 of 1961.
Respondents were directed to admit the Petitioner’s son to Grade 1 of Kingswood College, Kandy.
Extract:
However, I do not want to make any order with regard to costs due to the only fact that the Petitioner’s son would have to look up to his Alma Mater in the future of his life on earth as his second mother from whom he would not only get educated and gain knowledge but also gain moral discipline with regard to doing the right but not the wrong in life.
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