JUDGEMENT

K. M. G. H. KULATUNGA, J.

1. The petitioner is presently a Grade 12 student at Lyceum International School, Wattala. The petitioner, having initially studied at President’s College, Mahara, enrolled at De Mazenod College, Kandana in 2023, up until the G.C.E. Ordinary Level Examinations. The petitioner claims to have left De Mazenod College on or about 31.05.2024 and then joined Grade 12 of at Lyceum International School, Wattala. Whilst at De Mazenod College, the petitioner was a member of the First XI Cricket Team. The fact that the petitioner was a talented cricketer and a member of the school Cricket Team is common ground. Upon shifting to Lyceum International School, Wattala, as the petitioner was desirous of joining and playing cricket for Lyceum International School, he had requested the letter of ‘No Objection’ as required by Rule 1.1.9 of Circular No. 03 of 2022 of the Ministry of Education, dated 11.03.2022, as amended by Circular No. 03 of 2022 (ii), dated 25.08.2024 (P-5 and P-6 respectively).

2. The 1^st respondent principal had not issued the said letter of ‘No Objection’ notwithstanding several requests being made. The written request made by the petitioner, dated 18.07.2025, is annexed and marked P-7, according to which the petitioner informed the 1^st respondent, Principal, that he intends to play cricket for Lyceum International School, Wattala, under the Division II Tier A Category. As such, he has requested the said ‘No Objection’ letter. It is the petitioner’s position that he was not issued with a letter and his request was not considered favourably. Mr. Mahawanniarachchi for the petitioner submitted that he is entitled, in the first instance, to be registered under Lyceum International School, Wattala to participate in the upcoming schools cricket tournament 2025/26 on the basis that a period of one year has lapsed since leaving the first-mentioned school, De Mazenod College. The petitioner relies on the date of leaving De Mazenod College as reflected in the leaving certificate issued by the 1^st respondent, marked P-4. Secondly, the petitioner claims that he is entitled to a letter of ‘No Objection’ as there is no valid ground or basis assigned for the refusal, and the said refusal is illegal and invalid. It is also the position of the petitioner that in the circumstances made available, the petitioner is lawfully entitled to obtain the said letter.

3. During the course of the arguments, the learned Counsel for the 1^st respondent did submit that the school leaving certificate issued to the petitioner contained a typographical error as to the date of leaving the school. According to the Objections, the 1st respondent thus avers that the date mentioned as the date of leaving school, though stated as 2024, in fact, it was issued in April, 2025, and the petitioner is also alleged to have participated in the cricket matches played in March 2025, representing De Mazenod College. I observe that the said leaving certificate is referred to as P-4 at paragraph 7 of the petition. However document P-4 is a different leaving certificate not relevant to the 1st respondent.

4. It is the position of the 1^st respondent that the request for the said letter was refused by him verbally. The petitioner has also complained to the Human Rights Commission (hereinafter referred to as “HRC”) (vide P- 17). It is specifically alleged therein that the said letter of ‘No Objection’ was requested, and the Principal of De Mazenod College had refused to issue the same. The initial complaint had been made by letter P-15, dated 23.07.2025, according to which he alleges that his request for the said letter was refused. Then, it is averred by the petitioner that the 1st and the 2^nd respondents had not participated at the HRC Inquiry initially, but on 02.09.2025, the 1^st respondent Principal had participated. According to P-21, the HRC Inquiry had proceeded on that day; however, there is no intimation as to the decision, determination, or