IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for Writ, in the nature of writ of Prohibition, under and in terms of Article 140 of the Constitution.

Wellalage Don Wijedasa Jayatilake Retired Associated Professor in Chemistry, No. 216/2, Athurugiriya Road, Malapalla, Pannipitiya.

CA/WRIT/592/2021 PETITIONER Vs.

1. Hon. Dinesh Gunawardena Minister of Education, Ministry of Education, Isurupaya, Battaramulla.

1A. Susil Premajayantha Minister of Education, Ministry of Education, Isurupaya, Battaramulla.

2. Prof. K. Kapila C. K. Perera Secretary, Ministry of Education, Isurupaya, Battaramulla.

2A. Nihal Ranasinghe Secretary, Ministry of Education, Isurupaya, Battaramulla.

3. Sanath Pujitha Commissioner General of Examinations, Department of Examination, Battaramulla.

3A. L.M.D. Dharmasena Commissioner General of Examinations, Department of Examination, Battaramulla.

3B. H.J.M.C. Amith Jayasundara Commissioner General of Examinations, Department of Examination, Battaramulla.

4. Members, School Examination Advisory Committee, Department of Examination, Battaramulla.

5. Sunil Jayantha Nawaratna Director General, National Institute of Education, No.21 High Level Road, Maharagama. 6. Members Board of Examiners who prepared the G.C.E. (A/L) Chemistry Paper I for the year 2020 examination, Department of Examination, Battaramulla.

7. The Moderators, G.C.E. (A/L) Chemistry examination Part I (New Syllabus) paper for the year 2020 examination Department of Examination, Battaramulla.

RESPONDENTS Before : Sobhitha Rajakaruna J.

Dhammika Ganepola J.

Counsel : S.N. Vijithsingh for the Petitioner.

Suranga Wimalasena, DSG with Rajika Aluwihare, SC for the 1st, 2nd, 3rd and

5^th Respondents Argued on : 02.12.2022 Decided on : 11.08.2023 Written submissions: Petitioners - 14.07.2023

1st, 2nd, 3rd and 5th Respondents - 17.07.2023 Sobhitha Rajakaruna J. (Acting P/CA)

The Petitioner claims that he is a 71-year-old, retired Associate Professor in Chemistry. The instant Application, filed by him, is based on alleged errors contained in Part I [Multiple Choice Questions] of the chemistry question paper [new syllabus] of the General Certificate of Education [Advanced Level] Examination (’G.C.E. [A/L] Examination’) conducted in all three mediums, held on 21.10.2020. The Petitioner states that the participants of a meeting held on 18.12.2020, including the Petitioner and twenty others, have discovered errors in 26 questions out of 50 and such errors are contained in question numbers 1, 2, 4, 5, 7, 8, 10, 12, 14, 15, 21, 22, 25, 26, 27, 29, 31, 34, 37, 38, 39, 40, 42, 44, 48 and 49 (Vide- paragraph 9 of the Petition of the Petitioner) of the said chemistry question paper under the new syllabus (’chemistry paper’) . The Petitioner asserts that the Commissioner of Examinations to a certain extent accepted that there were errors in Part I of the said chemistry paper. Another main complaint of the Petitioner is that no Schools Examinations Advisory Committee has been appointed by the Minister of Education in terms of the provisions of the Public Examinations Act No. 25 of 1968. The Petitioner states that the Commissioner of Examinations cloaking himself under ’Secrecy’ and/or ’Confidentiality’ in conducting the said G.C.E. (A/L) Examination has not taken any remedial steps to avoid errors in future examination papers, and has also refrained from revealing the details of the members of the panel of the paper setters and moderators of the said chemistry paper. Hence, the Petitioner alleges that he is left with no other option other than to come before this Court to seek relief.

The Petitioner’s only substantive relief is reflected in paragraph (D) of the prayer of the Petition and it reads:

"(D) Grant and issue writ in the nature of writ of prohibition, prohibiting / restraining the Commissioner of Examination (3^rd Respondent) from selecting and or appointing the members of the panel of paper setters and moderators of the part