2025 Supreme(SRI)(CA) 345
IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
K.M.G.H. KULATUNGA, J
Razik Rafeekdeen – Appellant
Versus
The Incorporated Council of Legal Education and four others – Respondent
CA/WRT/734/2024
Kasun Liyanage with Thilakkana Indunil instructed by Fathima Nushra Zarook for the Petitioner. Manohara Jayasinghe, DSG with Panchali Witharana, SC, for the Respondents.
Admission to the legal profession is contingent upon good character, and prior convictions significantly impact eligibility, upheld by the principle of natural justice.
Headnote:(A) Writ of Certiorari and Writ of Mandamus - The petitioner, seeking admission to the Sri Lanka Law College, was denied due to a prior criminal conviction. The decision to reject the application was based on the character and good repute of the applicant, governed by Section 40 of the Judicature Act, which allows for admission based on good character. (Paras 8, 16, 17).
(B) Natural Justice - The principle of audi alteram partem applies but is flexible. The petitioner disclosed his criminal record, and relevant material was available for the Council to consider. The absence of an oral hearing was not deemed to cause procedural unfairness. (Paras 12, 14).
(C) Admission Standards - Admission to the Sri Lanka Law College is a privilege that reflects on public trust and requires professional integrity. The decision to reject the application was based on the nature of the offense and was found to be reasonable under the Wednesbury standard. (Paras 17, 18).
Facts of the case:
The petitioner applied to the Sri Lanka Law College after disclosing a criminal conviction. His application was rejected by the Council based on this prior conviction, leading to the present writ application.
Findings of Court:
The court found no merit in the petitioner’s claim for admission, concluding the rejection was reasonable based on the seriousness of the prior offense.
Issues: Whether the rejection of the application due to prior criminal conviction was reasonable and consistent with the standards for admission to the legal profession.
Ratio Decidendi: The court held that the admissions process must uphold the integrity of the legal profession, and prior criminal convictions can legitimately affect eligibility.
Result: Application rejected with no order as to costs.
| Table of Content |
|---|
| 1. petitioner's application for admission reviewed. (Para 1 , 2) |
| 2. criminal conviction relevant for admission assessment. (Para 3 , 4 , 5) |
| 3. council's deliberation on applied criteria for admission. (Para 10 , 11) |
| 4. denial of hearing examined under natural justice. (Para 12 , 14) |
| 5. rejection based on prior conduct viewed as reasonable. (Para 17 , 18) |
JUDGEMENT
K.M.G.H. KULATUNGA, J.
1. The petitioner, an LL.B. graduate from the Buckinghamshire New University, has submitted an application to be admitted to the Sri Lanka Law College. The said application is marked P-15 and P-18. The same had been rejected by the Incorporated Council of Legal Education, the 1st respondent, and the 2nd respondent, the Principal of the Sri Lanka Law College conveyed the same by email dated 26.09.2024 (vide P-17). The petitioner, by prayer (c), is seeking a writ of certiorari to quash the said decision; by prayer (e), is seeking a writ of mandamus directing the 1st and/or the 2nd respondent to approve the petitioner’s application for admission as an Attorney-at-Law student and by prayer (f) is seeking a mandamus directing the 1st and/or 2nd respondent to afford an opportunity to the petitioner to place before the 1st respondent material to satisfy the said respondents to justify his eligibility. Those being the writs sought, the petitioner, by paragraphs (d) and (g), are also seeking an Order calling for all the minutes of the 1st respondent, in relation to the consideration of the petitioner’s application, and also a direction that the 1st and/or the 2nd respondent to file in Court such minutes.
2. Learned Deputy Solicitor General Manohara Jayasinghe appeared for the 1st and the 5th respondents. The objections of the said respondents were tendered on 18.03.2025. Thereafter, as directed by Court, the minutes of the meetings held on 27.08.2024 of the 1st respondent, and that of the Board of Studies dated 12.03.2024, were tendered along with a motion dated 03.07.2025, copies of which were made available to the petitioner. The counter affidavit of the petitioner was filed prior to that on 01.04.2025. This was taken up for argument on 05.06.2025, and 07.07.2025. Both parties were permitted to file their post-argument written submissions which the petitioners filed on 06.08.2025 and the respondents filed on 05.08.2025. Accordingly, this judgement is now pronounced.
3. As to the facts; the petitioner, upon obtaining his LL.B., has preferred the application P-15 and P-18 seeking admission to the Sri Lanka Law College. According to the said application, the petitioner has disclosed, under item 8, that he had been charged or convicted for a criminal matter and that the High Court Judge has imposed 01 year’s imprisonment each for offences under Sections 120 and 291B of the Penal Code. The said sentence was suspended for 2 years together with Rs. 1500 State costs, in Case No. HC 2973/2021, so concluded on 26.04.2022. It is common ground that the rejection of the application was in view of the said criminal matter. The original indictment contained a charge under Section 3(3) read with Section 3(1) of the ICCPR Act , No. 56 of 2007, and a second charge under Section 291B of the Penal Code. However, upon the service of this indictment, as the petitioner had agreed to conclude this matter by pleading guilty, the State Counsel had amended the 1st count and substituted the same with a charge under Section 120 of the Penal Code. The petitioner had then pleaded guilty. The learned High Court Judge upon considering the submissions, had imposed sentences of 01 year’s rigorous imprisonment for each of the counts and also imposed Rs. 1500 State cost for Count No. 1. The respective jail sentences have been suspended for 2 years, acting under 303 of the Code of Criminal Procedure Act. The learned High Court Judge has specifically stated that the sentence imposed on the 1st count will have no effect on his law degree, and then stated that the sentence should not