Elmore Perera for the Petitioner
Suren Gnanaraj SC for the Respondents
FR application allowed.
|Introduction – The Petitioner (Baptised as a Christian) complained to the court that his fundamental right to equality guaranteed by Article 12(1) of the Constitution of Sri Lanka has been infringed by the Principal of Kingswood College by refusing admission of his son, A. B. Abishek Anuhas (Baptised as a Christian) to Grade 01.
Application – The petitioner submitted the application under the quota allocated to Christian students.
Interview – The Petitioner’s son was not in the selected list but places as no.6 on a “waiting list”
Petitioners’ contention – The Petitioner contended that his son was entitled to gain admission under Clause 3.2 of the Assisted Schools and Training Schools (Special Provisions) Act No 05 of 1960 and Assisted Schools and Training Schools (Supplementary Provisions) Act No 08 of 1961 (Religion quota)
Respondent’s contention – the Respondent stated that there was no log entry available in the school which shows the number of Christian who were studying at the Kingswood College in the year 1961. Due to this reason, he contended that its unable to implement clause 3.2 on the School Admission Circular.
FoRB violation – Conscience (i.e. having or adopting a religion of one’s choice); Discrimination
Lack of statistics relating to the religious composition is not a justifiable answer. The Respondent has failed to consider the said position in dealing with the application of the Petitioner. Hence by not considering the said Clause 3.2 the Principal of Kingswood College has acted arbitrarily and unreasonably and thereby infringed the Petitioner’s fundamental rights.
The principal was directed to admit the Petitioner’s son to Grade 01 of Kingswood College Kandy.
No order was made regarding costs.