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 Writ of Mandamus and Writ of prohibition under and in terms of Article 140 of the Constitution.

C.A./WRT- 0334/19

1. P.V. Vineetha Kumari, B 96, Sama Mawatha, Maligawila.

2. D.M. Nishantha Ranaweera, 43, Yudaganawa Janapadaya, Buttala.

3. K.A. Wijesekara, 141, Near Water Refinery, Samagipura, Ampara.

4. K.M. Kapila Keerthisinghe Bandara, 40 A, Kamhala Place, Hingurana.

5. M.V. Dayarathna, A100, Berannawa.

PETITIONERS Vs.

1. Secretary, Ministry of Education, Isurupaya, Sri Jayawardenapura, Kotte, Battaramulla.

2. Director of Education (Irregular and Special Education), Isurupaya, Sri Jayawardenapura, Kotte, Battaramulla.

3. Zonal Director of Education -

Monaragala, Zonal Education Office, Monaragala.

4. Chief Secretary, Uva Provincial Council, Badulla.

5. Provincial Director of Education, Department of Education of the Uva Province, Badulla

6. Secretary, Ministry of the Social Services of the Uva Province Badulla

7. Director, Department of Social Services of the Uva Province, R.H. Gunawardena Mawatha, Badulla.

8. Piyarathne Wickramage, 8A. K.M. Thilakarathne, Manager, 9. Rasika Lakshitha Palliyaguru, 9A. C.T.P. Wijerathne, Chairman, 10. Ajith Priyankara, Secretary, 11. Dissanayake Mudiyanselage Jayarathna, 11A. W.A. Lionel Wanasinghe, Treasurer, 12. D. M. Jayarathna Bandara, 12A. Ananda Wijewardena, Accounts Overseer, 13. Kalahei lokuge Ramani, 13A. Piyarathne Wickramage, Assistant Secretary, 14. Rathnayake Mudiyanselage Senevirathne, 14A. Bhanuka Sachintha Jayasinghe, Committee Member, 15. Kamal Ranjith Lokuliyanage, 15A. A. I. Manjula Kumara.

Committee Member, 16. Munasinghage Hemawansha.

Committee Member, 17. Welathanthrige Persy Nimal.

Botheju, 17A. R. M. K. Kumara.

Committee Member, 18. Dissanayake Mudiyanselage.

Gotabhaya Sarath, Committee Member, 8th to 18th Respondents, all of, Special Education Development Service Society, Wellassa Subhagya Special School Kumbukkana, Monaragala

19. Hon Attorney General of Sri Lanka, Attorney General Department Colombo 12.

RESPONDENTS BEFORE : M. SAMPATH K. B. WIJERATNE, J WICKUM A. KALUARACHCHI, J COUNSEL : Aruna De Silva for the 8A, 9A, 10^th, 11A, 12A, 13A, 14A, 15A, 16^th, 17A and 18^th Respondents.

A. Gajadeera, SC for the 1^{st -}7^th and 19^th Respondents.

ARGUED ON : 16.03.2023 DECIDED ON : 16.05.2023 WICKUM A. KALUARACHCHI, J.

The petitioners filed this application seeking a writ of mandamus directing the 1^st Respondent, Secretary of the Ministry of Education to take over the management of the Wellassa Subhagya Special School. The petitioners have also sought a writ of prohibition, restraining the 8^th to 18^th Respondents from continuing as office bearers or members of the Special Education Development Society of the Wellassa Subhagya Special School. In addition, petitioners have sought a writ of mandamus directing the 1^st, 4^th, 6^th, and 7^th Respondents to initiate legal actions against the 8^th to 18^th respondents on the misconduct, mismanagement, fraud, and financial corruption based on the reports marked P-6 and P-8.

According to Section 62 of the Education Ordinance, an "Assisted School" is defined as a school to which aid is contributed from State funds.

The statements of objections were filed on behalf of the respondents and subsequently, counter objections were also filed. The parties have agreed to dispose the matter by way of written submissions without oral submissions. Accordingly, written submissions were filed on behalf of petitioners, the 1st to 7th and

19th respondents, and the 8th to 18th respondents.

Background of the Case The petitioners in this matter are the parents of five children who are students and residents of the Wellassa Subhagya Special School, an institution established to cater to the educational needs of children with vision, hearing, and mental impairments. Wellassa Subhagya Special School is an “assisted school” within the meaning of the Education Or