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IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for Orders in the nature of Writs of Certiorari and Mandamus under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.
Welgamage Don Shevan Menusha Welgama, 41A, Fathima Road, Kandana.
PETITIONER C.A. Case No. WRT/904/25 Vs.
1. Rev. Brother Janaka Fonseka, Principal, De Mazenod College, Kandana.
2. Hon. Dr. Harini Amarasuriya, Minister of Education, Ministry of Education, Isurupaya, Battaramulla.
3. K. M. G. S. Nalaka Kaluwewa, Secretary to the Ministry of Education, Isurupaya, Battaramulla. 4. Anura Abeywickrama, Director of Education, Physical Education and Sports, Ministry of Education.
Isurupaya, Battaramulla.
55. P. A. Leelananda Kumarasiri, Secretary - Sri Lanka Schools Cricket Association, Therapuththa National School, Ambalanthota.
66. J. A. Kamal S. Indrajith, Sri Lanka Schools Cricket Association, Kegalu Vidyalaya, Kegalle.
77. Kanishka Perera, Under 19 Tournament Secretary - Sri Lanka Schools Cricket Association, St. Sebastian's College, Moratuwa.
RESPONDENTS BEFORE : K. M. G. H. KULATUNGA, J.
COUNSEL : Sumedha Mahawanniarachchi with Amila Vithana and Nishan Balasooriya for the Petitioner.
Pasan Weerasinghe, instructed by M.K.M. Farzan for the 1st Respondent.
Rajika Aluwihare, SC for the 2nd to 4th Respondents.
Hiran de Alwis with Prathap Perera instructed by Darsha Lekamwasam for the 5th, 6th and 7th Respondents.
ARGUED ON : 15.10.2025 WRITTEN SUBMISSIONS ON : 17.10.2025 DECIDED ON : 21.10.2025
IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for Orders in the nature of Writs of Certiorari and Mandamus under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.
Welgamage Don Shevan Menusha Welgama, 41A, Fathima Road, Kandana.
PETITIONER C.A. Case No. WRT/904/25 Vs.
1. Rev. Brother Janaka Fonseka, Principal, De Mazenod College, Kandana.
2. Hon. Dr. Harini Amarasuriya, Minister of Education, Ministry of Education, Isurupaya, Battaramulla.
3. K. M. G. S. Nalaka Kaluwewa, Secretary to the Ministry of Education, Isurupaya, Battaramulla. 4. Anura Abeywickrama, Director of Education, Physical Education and Sports, Ministry of Education.
Isurupaya, Battaramulla.
55. P. A. Leelananda Kumarasiri, Secretary - Sri Lanka Schools Cricket Association, Therapuththa National School, Ambalanthota.
66. J. A. Kamal S. Indrajith, Sri Lanka Schools Cricket Association, Kegalu Vidyalaya, Kegalle.
77. Kanishka Perera, Under 19 Tournament Secretary - Sri Lanka Schools Cricket Association, St. Sebastian's College, Moratuwa.
RESPONDENTS BEFORE : K. M. G. H. KULATUNGA, J.
COUNSEL : Sumedha Mahawanniarachchi with Amila Vithana and Nishan Balasooriya for the Petitioner.
Pasan Weerasinghe, instructed by M.K.M. Farzan for the 1st Respondent.
Rajika Aluwihare, SC for the 2nd to 4th Respondents.
Hiran de Alwis with Prathap Perera instructed by Darsha Lekamwasam for the 5th, 6th and 7th Respondents.
ARGUED ON : 15.10.2025 WRITTEN SUBMISSIONS ON : 17.10.2025 DECIDED ON : 21.10.2025
IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for Orders in the nature of Writs of Certiorari and Mandamus under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.
Welgamage Don Shevan Menusha Welgama, 41A, Fathima Road, Kandana.
PETITIONER C.A. Case No. WRT/904/25 Vs.
1. Rev. Brother Janaka Fonseka, Principal, De Mazenod College, Kandana.
2. Hon. Dr. Harini Amarasuriya, Minister of Education, Ministry of Education, Isurupaya, Battaramulla.
3. K. M. G. S. Nalaka Kaluwewa, Secretary to the Ministry of Education, Isurupaya, Battaramulla. 4. Anura Abeywickrama, Director of Education, Physical Education and Sports, Ministry of Education.
Isurupaya, Battaramulla.
55. P. A. Leelananda Kumarasiri, Secretary - Sri Lanka Schools Cricket Association, Therapuththa National School, Ambalanthota.
66. J. A. Kamal S. Indrajith, Sri Lanka Schools Cricket Association, Kegalu Vidyalaya, Kegalle.
77. Kanishka Perera, Under 19 Tournament Secretary - Sri Lanka Schools Cricket Association, St. Sebastian's College, Moratuwa.
RESPONDENTS BEFORE : K. M. G. H. KULATUNGA, J.
COUNSEL : Sumedha Mahawanniarachchi with Amila Vithana and Nishan Balasooriya for the Petitioner.
Pasan Weerasinghe, instructed by M.K.M. Farzan for the 1st Respondent.
Rajika Aluwihare, SC for the 2nd to 4th Respondents.
Hiran de Alwis with Prathap Perera instructed by Darsha Lekamwasam for the 5th, 6th and 7th Respondents.
ARGUED ON : 15.10.2025 WRITTEN SUBMISSIONS ON : 17.10.2025 DECIDED ON : 21.10.2025
JUDGEMENT
K. M. G. H. KULATUNGA, J.
1. The petitioner is presently a Grade 12 student at D. S. Senanayake College, Colombo. The petitioner, from Grade 01 up to the G.C.E. Ordinary Level Examinations, had been a student of De Mazenod College, Kandana. The petitioner claims to have left De Mazenod College on or about 31.05.2024 and then joined Grade 12 of D. S. Senanayake College. Whilst at De Mazenod College, the petitioner was the Captain of the First XI Cricket Team and was a top-order batsman and the wicket-keeper. The fact that the petitioner was a talented cricketer and a member of the First XI Team is common ground. Upon shifting to D. S. Senanayake College, as the petitioner was desirous of joining and playing cricket for D. S. Senanayake College, 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 1st respondent principal had not issued the said letter of ‘No Objection’ notwithstanding several requests being made. The written request made by the petitioner is annexed and marked P-10, according to which the petitioner informed the 1st respondent, Principal, that he intends to play cricket for D. S. Senanayake College under the Division I 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 D. S. Senanayake College 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 1st 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. It was submitted on behalf of the 1st respondent that there is a typographical error in stating the date of leaving the school, on the leaving certificate P-4. The 1st respondent admits that on the face of the said leaving certificate, the date of leaving school is mentioned as 31.05.2024. It is his position that the petitioner had registered for the A-Level classes at De Mazenod College as evident by R-1(a) and R-1(b). In these circumstances, the date on the leaving certificate P-4 is erroneous as regards the date of leaving school.
4. It is the position of the 1st 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-18, 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 2nd respondents had not participated at the HRC Inquiry initially, but on 02.09.2025, the 1st respondent Principal had participated. According to P-24, the HRC Inquiry had proceeded on that day; however, there is no intimation as to the decision, determination, or the finding arrived at by the HRC upon inquiry.
5. The Principal of D. S. Senanayake College had tendered the names of the players for registration at the Under 19 Tournament Secretary of the Sri Lanka Schools’ Cricket Association (vide P-25). The petitioner’s na
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