IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for Mandate in the nature of Writs of Certiorari and Mandamus under and in terms of Article

140 of the Constitution.

Rev. Saliya Ashokapura Nanda.

Old Temple, CA (Writ) Application No.

593/2021 Nugawela, Maharachchimulla.

PETITIONER

1. University of Kelaniya Kandy Road, Kelaniya

2. Snr. Prof. N.R. de Silva Vice-Chancellor/ Member of the Council of University of Kelaniya

3. Snr. Prof. J.M.D. Ariyarathna Dean / Faculty of Graduate Studies Member of the Council of University of Kelaniya

4. Dr. P.G. Wijayarathna Dean Faculty of Computing and Technology Member of the Council of University of Kelaniya

5. Prof. M.M. Gunathilaka Dean / Faculty of Social Sciences Member of the Council of University of Kelaniya

6. Snr. Prof. S.R.D. Kalingamudali Dean / Faculty of Science Member of the Council of University of

7. Dr. P.N.D. Fernando Dean / Faculty of Commerce &

Management Studies Member of the Council of University of Kelaniya

8. Dr. U.S. Senarath Dean / Faculty of Humanities Member of the Council of University of Kelaniya

9. Snr. Prof. S.J. de S. Hewavisenthi Dean / Faculty of Medicine Member of the Council of University of Kelaniya

10. Prof. H. Abeyagunawardena Member of the Council of University of Kelaniya

11. Mr. Rakhitha Abeygoonawardana Member of the Council of University of Kelaniya

12. Prof. Ranjith Arthanayake Member of the Council of the University of Kelaniya

13. Mr. S.M. Gotabaya Jayarathne Member of the Council of the University of Kelaniya

14. Prof. Ananda Patabandige Member of the Council of the University of Kelaniya

15. Prof. Rohan Rajapakse Member of the Council of the University of

16. Mr. L.E. Susantha Silva Member of the Council of the University of

17. Mr. Cyril Suduwella Member of the Council of the University of Kelaniya

18. Mr. Upali Wijayaweera Member of the Council of the University of Kelaniya

19. Prof. Nimal Perera Member of the Council of the University of Kelaniya

20. Mr. Sanjaya Bandara Member of the Council of the University of Kelaniya

21. Snr. Prof. N.A.K.P.J. Seneviratne Member of the Council of the University of Kelaniya

22. Ven. (Snr. Prof.) Induragare Dhammarathana Thero Member of the Council of the University of Kelaniya

23. Mr. K.K.K. Dharmathilaka Registrar/Ex-oficio Secretary of the Council of the University of Kelaniya C/O The Registrar, University of Kelaniya, Dalugama, Kelaniya

24. Ven. Snr. Prof. Nabiriththankakadawar Gnararathana Thero Member, Selection Committee for the Post of Lecturer (Probationary), Department of Pali and Buddhist Studies, Faculty of Humanities, University of Kelaniya University of Kelaniya, Kandy Road, 25. Ven. Snr. Prof. Makuruppe Dhammananda Thero Member, Selection Committee for the Post of Lecturer (Probationary), Department of Pali and Buddhist Studies, Faculty of Humanities, University of Kelaniya University of Kelaniya, Kandy Road, Kelaniya

26. Ven. Manapitiye Wajirabuddhi Thero University of Kelaniya, Dalugama, Kelaniya RESPONDENTS Before: M. T. MOHAMMED LAFFAR, J.

Counsel: Sanjeewa Jayawardena PC with Ranmalee Meepagala for the Petitioner.

Navodi De Zoysa, SC for the Respondents Argued on : 17.05.2024 Written Submissions on : 08.07.2024 (by Petitioner)

Decided on : 07.08.2024 MOHAMMED LAFFAR, J.

The Petitioner instituted this action against the University of Kelaniya (the 1st Respondent) and several other Respondents, challenging the appointment process for the position of Lecturer (Probationary) in the Department of Pali and Buddhist Studies. The Petitioner is seeking several mandates in the nature of Writ of Mandamus and mandates in the nature of Writ of Certiorari in this regard as prayed for in the Petition.

The core issue revolves around the alleged improper rejection of the Petitioner’s application for this post on the grounds of being "overqualified"

due to his possession of a Master’s Degree and/or an MPhil.

It is pertinent to note at the outset that the State Counsel representing the R