IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application under Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka for orders in the nature of Writs of Certiorari and Mandamus.

CA (Writ Application) No: 41/2021

1. Asaallage Binura Nisal Senadheera, Hanhamunawa, Maspotha.

2. Galhenage Yasith Kavishka Wijayananda, 17/2, Udakotuwa, Budinapitiya Road, Wellawa.

3. Imiya Mudalige Tanuli Minsathi Gunewardena, 311/7, Negombo Road, Kurunegala.

4. Jayakody Mudiyanselage Thumula Gandheewa Jayakody, Medalandawatte, Gemunu Mawatha, Kurunegala.

5. Buwaneka Manodya Wimalaratne, 116/7, Dambulla Road, Kurunegala.

6. Alahakoon Mudiyanselage Gayali Nuwanya Alahakoon, 492/4, Rathkarawwa, Maspotha.

7. Welikettiyage Gishara Sewmini Weliketiya, 218/8F, Pubudu Mawatha, Colombo Road, Kurunegala.

8. Benthara Wellage Bulanjith Deshan Senarathne, Police Quarters, Narammala.

PETITIONERS vs.

1. University Grants Commission, 20, Ward Place, Colombo 7.

2. B. Sanath Poojitha, Commissioner General of Examinations, Department of Examinations, Pelawatte, Battaramulla.

3. Hon. Attorney General, Attorney General’s Department, Colombo 12.

RESPONDENTS Before: Arjuna Obeyesekere, J / President of the Court of Appeal Mayadunne Corea, J Counsel: Romesh De Silva, P.C., with Shanaka Cooray and Niran Anketell for the Petitioners Nirmalan Wigneswaran, Deputy Solicitor General with Ms. Sureka Ahmed, Senior State Counsel for the Respondents Supported on: 29^th April 2021 Written Tendered on behalf of the Petitioners on 21^st May 2021 Submissions:

Tendered on behalf of the Respondents on 17^th May 2021 Decided on: 10^th June 2021 Arjuna Obeyesekere J., P/CA The Petitioners state that in 2017, the University Grants Commission [the UGC introduced a new syllabus for those sitting the General Certificate in Education (Advanced Level) examination [the A/L exam] for the first time in 2019. The introduction of a new syllabus meant that there were two categories of students sitting for the A/L exam in 2019 – the first being those who were sitting the A/L exam for the first time in 2019 under the new syllabus and the second being those who had followed a course of study under the old syllabus and who were repeating the A/L exam in 2019 under the old syllabus.

The Petitioners are eight students who have sat the A/L exam from the Biological stream for the first time under the new syllabus from the Kurunegala District. The Petitioners state that having obtained a ‘Z’ score of 1.8172 and above, each of them entertained an expectation of being selected to a Medical Faculty of a State University. The Petitioners state further that in October 2020, the UGC released two ‘Z’ score cut off marks, one for those who were repeating the A/L exam under the old syllabus and another for those who were sitting the A/L exam for the first time under the new syllabus. Thus, the UGC was treating those who had the sat for the A/L exam under the new syllabus for the first time as a different population to those who were repeating the A/L exam under the old syllabus. The end result, as claimed by the Petitioners, was that the Petitioners did not secure entry to a Medical Faculty even though they had obtained a higher ‘Z’ score than those who had been selected to a Medical Faculty having repeated the A/L exam under the old syllabus.

Aggrieved by their non-selection, the Petitioners and several others who were similarly circumstanced as the Petitioners challenged the above decision of the UGC in the Supreme Court by way of several Fundamental Rights Applications. It is admitted that those applications were supported before the Supreme Court on several dates and that leave to proceed was refused by the Supreme Court on 23^rd December 2020.

The Petitioners thereafter filed this application, seeking inter alia the following relief: a) A Writ of Certiorari to quash the decision of the UGC to impose separate cut off marks for the old syllabus and the new syllabu