IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for Writ of Certiorari, Writ of Mandamus and Writ of Prohibition under and in terms of the Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka C. A. / WRIT No. 156/2025

1.A.K. Deepika “Chandana” Wetiya, Barawakumbuka, Embilipitiya.

2.A.J.R.S. Kumari Pallegama, Hungama.

3.M.K.D. Jayarani “Sumudu” Godawela, Nihiluwa.

4. N.C. Kasige

24/1/2, Hathagala, Hungama

5.K. A. Nilmini No. 164, “Nilmini”

Hathagala, Hungama.

6.B.I. Priyangani Gatagahakoratuwa, Walawela, Nihiluwa.

7.E. A. P. Waruni

24/1/3, Hathagala, Hungama.

8.G. P. R. I. Kumari

24/2, Samuel Mawatha, Tangalle.

9.K. A. Sanjeewani 200/4, Nethmitha, Gurugodalla, Badigama, Witharandeniya.

Petitioners -Vs-

1.K. M. G. S. N. Kaluwewa The Secretary, The Ministry of Education, Isurupaya, Battaramulla.

2.Thamara Vithanage Director School (Private School)

Ministry of Education, No. 1200/6, Rajamalwatta Road, Battaramulla.

3.A. U. Velaratne The Secretary, Provincial Ministry of Education, Southern Province, Dakshinapaya, Labuduwa, Galle.

4.O. P. G. Nilani Zonal Director, Zonal Office of Education, Hambantota.

5.W. A. S. D. Kalyani Zonal Director, Zonal Office of Education, Tangalle.

6. Ven. Pallegama Vangeesa Thero, Managing Director, Nilwala Ananda Vidyalaya, Hathagala, Hungama.

7. Hon. Attorney-General Attorney-General’s Department, Hulftsdorp, Colombo 12.

Respondents Before : Hon. M.T. Mohammed Laffar, J.(Act.P/CA)

: Hon. K. Priyantha Fernando, J.(CA)

Counsel : Dr. Wijedasa Rajapaksha, PC Nilupul Galappaththi instructed by Danuka Lakmal for the Petitioners.

Panchali Witharana, SC for all the Respondents except the 6th Respondent.

Harshanee Liyanage for the 6th Respondent.

Supported on : 30.05.2025 Decided on : 17.06.2025 K. Priyantha Fernando, J. (CA)

The Petitioners, all Sri Lankan citizens, and teachers at H/Nilwala Ananda Vidyalaya, a government-approved private school established on 1st April 1999, seek reliefs including writs of certiorari, mandamus, and prohibition against the 1st to 6th Respondents, which include officials of the Ministry of Education and the school’s Managing Director.

They were appointed as assistant teachers at this school between 1999 and 2001, with official appointment letters issued by the Provincial Director of the Southern Province and approved by the Secretary to the Ministry of Education. They hold varying qualifications—some are graduates with primary training, others have G.A.Q. with training, and some have G.C.E. A/L with training, while one holds a postgraduate degree.

Despite the COVID-19 pandemic’s disruptions, they continued to work diligently, ensuring uninterrupted education for the students. Their salaries were paid by the Ministry of Education, which also deducted 12% as pension contributions.

However, due to a decline in the student population, the authorities decided to reduce the number of teachers from 33 to 21, identifying 12 teachers as “in excess.” The 4th Respondent informed the 3rd Respondent on 13th March 2024 that these 12 teachers—including the Petitioners—were willing to serve in other schools.

The 2nd Respondent, on behalf of the 1st Respondent, wrote to the Managing Director of Nilwala Ananda Vidyalaya on 8th April 2024, stating that the appointments of these teachers were only valid in private schools and could be cancelled if student numbers declined, the school closed, or state funding was reduced or stopped.

Subsequently, the 1st Respondent directed the transfer of these 12 teachers to other schools in the Southern Province for the period from 1st June to 31st December 2024, with consent from the relevant school managements. The relevant letters also noted that under pension statutes, teachers in excess could retire at age 50 or after 20 years of service, whichever came first.

On 18th June 2024, the Provincial Educational Director of the Southern Province instructed the 4th Respondent to assign these 12 teachers to other s