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 Certiorari, Quo Warranto and Mandamus under Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Nigamuni Piyuji Rasanja Mendis Supipi, Ginigalgoda Road, Pathegama, Balapitiya.

CA/WRIT/90/2021 (together with CA/WRIT/101/2021)

PETITIONER Vs.

1. University of Kelaniya

2. Prof. N.R. De Silva Vice-Chancellor

3. Prof. J.M.D. Ariyarathnam

4. Dr. P.G. Wijayarathna

5. Dr. P.N.D. Fernando

6. Prof. M.M. Gunathilaka

7. Prof. S.R.D. Kalingamudali

8. Mr. U.S. Senarath

9. Prof. S.J. de S. Hewavisenthi

10. Mr. R. Shri Dharshana Abeygoonawardana

11. Prof. H. Abeygunawardena 12. Prof. Ranjith Arthanayake

13. Mr. Sanjaya Bandara

14. Mr. S.M. Gotabaya Jayarathne

15. Prof. Ananda Patabandige

16. Prof. Nimal Perera

17. Prof. Rohan Rajapakse

18. Mr. L. E. Susantha Silva

19. Mr. Cyril Suduwella

20. Mr. Upali Wijayaweera 21. Ven. (Prof.) Induragare Dhammarathana Thero

22. Prof. P.M.C. Thilakeratne

23. D.M.Semasinghe Former Vice Chancellor

24. Prof. A.H.M.H. Abeyrathna Former Dean of the Faculty of Social Sciences

25. Dr. R.T.W.K.O. Nayanapriya

26. Ms. M.Y.N. Mendis

27. Mr. W.M. Karunarathna Registrar

28. Ms. H.D.H. Jeewanthi

29. Ms. U.L.H.D. Perera

30. Ms. W.M.S.C. Bandara

31. Mr. K.R.D.Y.M.S. Karunarathna

32. Ms. K.M.C.D. Prasadi

33. Ms. E.R.D.M. Epa

34. Ms. M.K. Nadeeka Damayanthi All of C/O Registrar University of Kelaniya, Kelaniya.

35. University Grants Commission No 20, Ward Place, Colombo 07.

36. Mr. P.M.P. Perera Former Member of the Council

37. Mr. H.M.N. Warakaulla Former Member of the Council

35^th to 37^th of C/O Registrar University of Kelaniya, Kelaniya.

RESPONDENTS Before : Sobhitha Rajakaruna J.

Dhammika Ganepola J.

Counsel : K.G. Jinasena with Chathuba Abeywickrama for the Petitioner.

Navodi de Soyza, SC for 1st to 27th and 33rd to 36th Respondents.

Uditha Egalahewa, PC with Vishva Vimukthi for the 28th to 30th Respondents.

Written submissions: Petitioners - 05.07.2023 (in CA/Writ/101/2021)

1^st to 27^th and 33^rd to 36^th Respondents - 26.06.2023 (in CA/Writ /101/2021)

28^th to 30^th Respondents - 06.07.2023 Supported on: 23.05.2023 Decided on: 02.08.2023 Sobhitha Rajakaruna J.

The Petitioner in the instant Application seeks the issuance of a writ of certiorari quashing the order dated 20.08.2019 marked 'Z' made by the Members of the 38^th Respondent, University Services Appeals Board ('USAB') on the purported basis that the said Order is illegal and that the USAB has seriously erred in law in failing to act in terms of the mandate given under Universities Act No. 16 of 1978. A writ of certiorari quashing the recommendation made in 'P14' by the Selection Committee to of the 1^st Respondent University of Kelaniya ('University') appoint the 28^th, 29^th and 30^th Respondents to the posts of Lecturer (Probationary) and further, writs of mandamus and quo warranto have also been sought by the Petitioner.

The main contention of the Respondents is that the Petitioner has filed;

a) a fundamental rights Application bearing case No. SCFR/111/2019, ('FR Application')

b) an Action in the District Court bearing Case No. DSP 35/2019, and c) an Application at the USAB bearing case No. USAB 977 on the same subject matter, seeking nearly identical reliefs.

The Petition of the Petitioner to the Supreme Court is dated 14.03.2019. The Supreme Court in the said FR Application has declined to grant leave to proceed on 09.12.2021. The instant writ Application has been filed on 18.02.2021, almost 2 years after the Application was made to the Supreme Court. The Application to USAB submitted by the Petitioner is dated

20.03.2019.

The Respondents contend that the Petitioner is not entitled to maintain the instant Application in this Court on the same grounds upon which the Petitioner has filed the said FR Application in which the Supreme Court has arrived at a finality by refusing leave to proceed. The Respondents further assert that the Petitioner is gu