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IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for writs in the nature of Certiorari, Mandamus and Prohibition under Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.
C.A. CASE NO. WRT/0083/20
1. L.A. Samanlatha Pushpakumari, No. 15/1/1, Temple Road, Maradana, Colombo 10.
2. R.M. Ushan Pushpakumara Perera, No. 331/2, Deniya Junction, Suwarapola, Piliyandala.
3. M. Lahiru Roshana, No. A 1/1, Sooriyamalpura Flats, Prince Gate, Colombo 12.
4. A.R.E.R. Rajamanthri, No. 45, Polhena Road, Yakkala.
PETITIONERS Vs.
11. University of the Visual & Performing Arts, No. 21, Albert Crescent, Colombo 07.
22. Prof. W.M. Abeyrathna Bandara, Competent Authority, University of the Visual & Performing Arts, No.
21, Albert Crescent, Colombo 07.
33. Dr. Indika Ferdinando, Dean Faculty of Dance and Drama, University of the Visual & Performing Arts, No. 21, Albert Crescent, Colombo 07.
44. Snr. Prof. Sarath Chandrajeewa, 5. Snr. Prof. Mudiyanse Dissanayake, 6. Prof. Michal Fernando, 7. Dr. Sunil Wijesiriwardena, 8. Ashoka Handagama, 4th to 8th all at University of the Visual & Performing Arts, No. 21, Albert Crescent, Colombo 07.
9. Asela Rangadewa, 10. Nilakshi De Alwis, 11. Prof. Kusuma Karunarathne, 12. Yamuna Nishanthi Peiris, 13. Ravibandu Vidyapathi, 14. Prof. Dhanapala Owitagedara, 15. Mahinda Wimalasiri, 9th to 15th all at University of the Visual &
Performing Arts, No. 21, Albert Crescent, Colombo 07.
16. Dr. S.P.D. Liyanage, Dean-Faculty of Postgraduate Studies, University of the Visual & Performing Arts, No.
21, Albert Crescent, Colombo 07.
17. Chiltus Dayawansa, Dean-Faculty of Music, University of the Visual & Performing Arts, No.
21, Albert Crescent, Colombo 07.
18. M.H. Jagath Raveendra, Dean Faculty of Visual Arts, University of the Visual & Performing Arts, No. 21, Albert Crescent, Colombo 07.
19. Iranga Samindani Silva, 20. Mangalika Jayatunga, 21. C. Maliyadda, 22. Gunasena Thenabadu, 23. Dharmasiri Bandaranayake, 24. B.M.K. Mohottala, 25. T. Dharmarajah, 26. Lakshman Abeyrathne, 19th to 26th all at University of the Visual &
Performing Arts, No. 21, Albert Crescent, Colombo 07.
27. P.G.S.P. Nanayakkara, Assistant Registrar-Establishments, University of the Visual & Performing Arts, No. 21, Albert Crescent, Colombo 07. 28. B.M. Dayawansa, Registrar, University of the Visual & Performing Arts, No.
21, Albert Crescent, Colombo 07.
29. University Grants Commission, No. 20 Ward Place, Colombo 07.
30. T.P.N.S. Pathirage, Kokila Asapuwa, Galwala Cross Road, PadaviWatta, Pothanegama, Anuradhapura.
31. S.A.A. Subhasinghe, No. 340D, Mahawatta Road, Himbutana, Angoda.
32. Piyal Kariyawasam, No. 15/3/1, 1st Lane, Church Road, Pelawatte, Battaramulla. 33. Dr. T.C. Dandeniya, No. 8/158, Big City, Balika Nivasa Road, Rukmale, Pannipitiya.
34. R.G.G.S. Ruppegoda, No. 129, Bopitiya Road, Delthota.
35. L.N.G.D.S. Wijegunasekara, "Sandun", Edmond Mawatha, Eluvila, Panadura.
36. H.T.S. Dissanayake, "SandaKumudu", Gemunu Mawatha, Honiton Place, Awissawella.
37. B.W.R.D. Wijeratne, No. 250/D/37, Wewegodella Watta, Kalpitimulla, Hunumulla.
38. D.A.K.D. Sunil Shantha, No. 369/30, Shanti Mawatha, Makumbura, Pannipitiya.
39. M.P. Sararuk Priyadarshana, Mahawithikuliya, Withikuliya, Nikaweratiya.
40. R.H. Dissanayake, No. 16, Wennawatta Road, Wellampitiya.
41. S.M. Satharasinghe, "SandaKumudu", Gemunu Mawatha, Honiton Place, Awissawella.
42. M. A.S.B. Manthilake, No. 36 C, Doragamuwa, Wattegama. 43. M.P. Sandapathi Priyadarshana, No. 67/1 E, Pani Dodamwatta, Batawala Road, Weligama.
44. J.A.R. Jayasinghe, No. 335/D, Bhodirukkharama Road, Pamunugama, Alubomulla, Panadura.
45. Prof. Rohana Mahaliyanaarachchi, The Vice Chancellor, University of the Visual and Performing Arts, No. 21, Albert Crescents, Colombo 07.
46. Priyantha Udagedara, Dean, The Faculty of Graduate Studies, University of the Visual and Performing Arts, No. 21, Albert Crescents, Colombo 07.
47. P.K.S.P. Ratnakumara, Dean, Faculty of Music, University of the Visual and Performing Arts, No. 21, Albert Crescents, Colombo 07.
48. Prof. Kusuma Karunaratne, 49. Prof. Rohana Lakshman Piyadasa, 50. Prof. Nimal Dangalla, 51. Ranjith Liyanage, 52. J.A.S.P. Aravindana, 48th to 52nd Respondents are The Members of the Council, University of the Visual and Performing Arts, No. 21, Albert Crescents, Colombo 07.
RESPONDENTS BEFORE : K. M. G. H. KULATUNGA, J.
COUNSEL : Rasika Dissanayake with Shabbeer Huzair, instructed by Sanjeewa Kaluarachchi, for the Petitioners.
Sandun Nagahawatta, for the 30th to 35th Respondents.
Nayomi Kahawita, SSC, for the State (University of Visual and Performing Arts).
SUPPORTED ON : 18.03.2025 WRITTEN SUBMISSIONS ON : 28.04.2025 and 12.06.2025 DECIDED ON : 04.11.2025
JUDGEMENT
K. M. G. H. KULATUNGA, J.
1. Four petitioners have preferred this application for a writ, inter alia, seeking writs of mandamus to compel the respondents to recruit them to the respective posts at the University of Visual and Performing Arts for which the petitioners applied.
2. The petitioners have, in the course of this application challenged the recruitment, appointment, and eligibility of the successful candidates who are named as the 30th - 44th respondents to this application. As submitted by the petitioners, the 1st respondent named is the University of the Visual and Performing Arts (“UVPA”); the 2nd respondent was the Competent Authority of the UVPA and has since ceased to hold office; and the 3rd respondent is the Dean of the Faculty of Dance and Drama of UVPA.
3. The 3rd – 8th respondents are the members of the Panel who conducted the Practical Test in respect of the 1st and 2nd petitioners; the 3rd, 5th, 6th, 9th, and 10th respondents are the members of the Panel who conducted the Practical Test in respect of the 3rd petitioner; the 3rd, 11th to 14th respondents are the members of the Panel who conducted the Practical Test in respect of the 4th petitioner; the 3rd, 4th,5th, 7th, 10th, and 11th respondents are the members of the Panel who conducted the interviews on 08.04.2019 in respect of the 1st and 2nd petitioners; the 3rd, 4th, 7th, 10th and 11th respondents are the members of the Panel who conducted the interviews on 09.04.2019 in respect of the 3rd petitioner; the 3rd, 4th, 7th, 11th and 12th respondents are the members of the Panel who conducted the interviews on 18.03.2019 in respect of the 4th petitioner; the 3rd, 16th -26th respondents were the Members of the Council of UVPA at the time of filing this application; the 27th respondent is the Assistant Registrar - Establishments of UVPA, who was present at the time the respective Interviews pertaining to certificates were conducted; the 28th respondent is the Registrar of UVPA; the 29th respondent is the University Grants Commission (“UGC”); and the 45th respondent is the present Vice Chancellor of UVPA.
4. It is also submitted that the 16th respondent has ceased to hold the office of Dean of the Faculty of Graduate Studies, and the 46th respondent above named has been appointed to the said post; the 17th respondent has ceased to hold the office of Dean of the Faculty of Music, and the 47th respondent above named has been appointed to the said post; and the 19th, 20th, 23rd, and 24th respondents have ceased to hold the office of the Members of the Council and the 48th, 49th, 50th, 51st, and 52nd respondents abovenamed have been appointed as the Members of the Council of UVPA.
5. The petitioners’ main complaint is that when the respective posts were advertised, there was a letter issued by the UGC [P-17(b)] that there was a requirement to explore the possibility of absorbing the support staff who have qualified under categories 1, 2, and 3 of the UGC Circular No. 721. The petitioners’ standing and qualifications at the time of filing this application appear to be as follows:
a. The 1st petitioner has been employed by the University as an Instructor (Grade III) since 5th January 2012 and was promoted to Instructor (Grade II) with effect from 5th January 2017. She is part of the academic support staff, and her duties have primarily involved conducting practical sessions and demonstrations in Miming, an elective subject component within the core discipline of Acting. Although the petitioner asserts to have introduced Miming to the University, this was disputed by the University, which referred to an advertisement (marked R-2) showing that Miming was an established subject before her appointment. Her role does not include lecturing responsibilities, as outlined in UGC Circular No. 988 and relevant University guidelines. While this case was pending before the Court of Appeal, she applied for the position of Lecturer (Probationary) in Acting and Performance but
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