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2025 Supreme(SRI)(CA) 384

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
K. M. G. H. KULATUNGA, J
Welgamage Don Shevan Menusha Welgama – Appellant
Versus
Rev. Brother Janaka Fonseka Principal De Mazenod College and others – Respondent


Advocates:
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.

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, accord

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