IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for mandates in the nature of Writs of Mandamus under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Case No: CA WRIT/80/2018

1. Selvanayagam Gnanasegaran No.44, Hantanawatta, Kandy.

On behalf of Gnanasagarn Thibesha (Minor)

PETITIONER Vs.

1. M. Abeygunasekara Principal, Kandy Girls High School, Kandy.

2. President of Interview Appeal Board Kandy Girls High School, Kandy.

3. Sunil Hettiarachchi, Secretary, Ministry of Education, Isurupaya, Battaramulla.

4. W.M. Jayantha Wickramanayake Director of National Schools, Ministry of Education, Isurupaya, Battaramulla.

5. Hon. Akila Viraj Kariyawasam Minister of Education, Ministry of Education, Isurupaya, Battaramulla.

6. Hon. Attorney General, Attorney General’s Department, Colombo 12.

RESPONDENTS Before: Hon. Dushmanta Nihal Samarakoon, J.

Counsel: Mr. Lakshan Dias with Ms. Hirushi Jayawardena and Ms. Nethmi Jayakody for the Petitioner.

Ms. Amasara Gajadeera S.C., for the Respondents.

Argued on: 12.01.2024 Written Submissions: 19.01.2024 by the Petitioner.

05.10.2020 by the Respondents.

Decided on: 31.01.2024 D.N. Samarakoon, J This judgment contains six main parts, which are, (A) Preliminary matters and some judgments – page 03 to 10 (05 pages)

(B) The origin of what came to be known as “Assisted Schools” and the circumstances under which they vested in the state (then the Crown) in

1961 – page 10 to 24 (14 pages)

(C) The two Acts of 1960 and 1961 – page 24 to 36 (12 pages)

(D) The application of religious ratios – page 37 to 70 (33 pages)

(E) The wrong interpretation by the respondents of the religious ratio clause which amounts to ultra vires is also irrational and disproportionate – page

70 to 71 (02 pages)

(F) The concluding remarks – page 72 to 75 (04 pages)

The said parts are sub divided under several sub headings.

- “Education’s purpose is to replace an empty mind with an open one –

Malcolm Forbes1.

(A) Preliminary matters and some judgments:

The respondents admit that,

1 Malcolm Stevenson Forbes was an American entrepreneur and politician. He was the publisher of Forbes

magazine, founded by his father B. C. Forbes. Forbes was one of the foremost publishers and business moguls in the United States. He served as publisher, editor-in-chief, and sole stockholder of Forbes magazine from 1957 until his death in 1990. Forbes was a Princeton Alumni and served in the U.S. Army during World War II.

(01) The petitioner is a citizen of Sri Lanka and the father of the minor child Gnansagarn Thibesha (02) The 05th respondent is the Attorney General (03) The petitioner was asked to present for an interview on 12.09.2017 (04) The petitioner faced that interview with all the relevant documents and (05) When the petitioner’s child was not selected to the Girls’ High School Kandy upon an appeal he was interviewed on 17.11.2017 The above have been admitted by the paragraph 03 of the Statement of Objections dated 11.12.2018.

It is also admitted that (06) The petitioner and her above daughter are decedent of people of Indian Tamil origin Paragraph 10 of the Statement of Objections The petitioner received a rejection letter dated 06.12.2017.

This letter is marked as P.10 (in Tamil) and the translation (in English) as P.10 A. The petitioner asks for a certiorari to quash that letter.

The learned state counsel for the respondents commenced her argument by saying that the petitioner is bound by what he said in his amended petition dated 21^st May 2018. She said that the petitioner did not aver that the 01^st respondent the Principal of Girls’ High School or any other respondent acted contrary to the religious requirement.

It was because the learned counsel for the petitioner at the commencement of his oral submissions referred to the taking over of schools that belonged to churches by the government in 1961 and religious ratios.

He said that the Methodist church then had 177 school