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 Prohibition & Certiorari under and in terms of Article 140 of the Constitution of the Republic.

Nagananda Kodithuwakku Maha Lekam, CA/WRIT/45/2022 Vinivida Padanama, 99, Subadrarama Road, Nugegoda. Petitioner Vs.

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

2. Kapila Perera Secretary, Ministry of Education, Isurupaya, Battaramulla.

3. Sunil J. Nawaratna Director General, National Institute of Education, P.O Box 21, Highlevel Road, Maharagama.

4. L.M.D. Dharmasena Commissioner General Examination, Examinations Department, Pelawatta, Battaramulla.

Respondents And now between Nagananda Kodithuwakku Maha Lekam, Vinivida Padanama, 99, Subadrarama Road, Nugegoda.

Petitioner – Petitioner Vs.

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

1. Kapila Perera Secretary, Ministry of Education, Isurupaya, Battaramulla.

2. Sunil J. Nawaratna Director General, National Institute of Education, P.O Box 21, Highlevel Road, Maharagama.

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

Respondents – Respondents Before : Sobhitha Rajakaruna J.

Dhammika Ganepola J.

Counsel : Petitioner appears in person.

Hashini Opatha SC for the Respondents.

Supported on : 23.05.2022 Decided on : 20.06.2022 Sobhitha Rajakaruna J.

The Petitioner has filled the original Petition marked ‘X3’ in the application bearing the same number as above on 28.01.2022 seeking a mandate in the nature of a writ of Mandamus against the 1^st and 2^nd Respondents and also a Writ of Certiorari against the 4^th Respondent’s decision to hold the General Certificate of Education (Advanced Level)

Examination on 07.02.2022.

The said main application was supported on 03.02.2022 before this Court by the Petitioner. The Court heard the Petitioner as well as the learned Counsel who appeared for two students who were to sit at the said Advanced Level Examination. Those two students sought to intervene in to the said application on the basis that their rights would be directly affected due to the said application. This Court dismissed the said application of the Petitioner refusing to issue notice on the Respondents based on the reasons given in the order dated 03.02.2022 (‘relevant order’). Accordingly, I have not made an order on the application for intervention of those two students.

The Petitioner thereafter filed a purported ‘Revision Petition’, under the same case number, on 09.02.2022 seeking inter alia;

a) An order to set aside the order dated 03.02.2022 refusing to issue notice on the Respondents and grant interim relief prayed for in the Petition, b) A mandate in the nature of a writ of Mandamus against the 1^st and 2^nd Respondents compelling them to grant an additional attempt for University Admission to the students who sat for General Certificate of Education (Advanced Level)

Examination -2021/2022.

The Petitioner by way of filing a motion dated 14.03.2022 has moved that a special bench comprising of three judges be nominated to hear and determine the said application (purported ‘Revision Petition’). His Lordship the President of the Court of Appeal has decided that there is no good reason to nominate a divisional bench as the relevant application has been made on the basis of per incuriam. It is important to note that in the said motion, the Petitioner has categorically mentioned that he is making the purported application for revision on the basis of the principles of per incuriam.

In the case of Billimoria vs. Minister of Lands and Land Development & Mahaweli Development and two others (1978-79-80) 1 Sri. L.R. 10, it was held that; " ... While it was competent for one Bench to set aside an order made per incuriam by another bench of the same court, it has been the practice of parties or their Counsel to bring the error to