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2025 Supreme(SRI)(SC) 9755
IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Appeal from the judgment of the Court of Appeal under Article 128(2) of the Constitution
1. Thenudaya Nithil Demash Kodithuwakku
2. Ranjan Pushpakumara Kodithuwakku Both of 4/1A 3/1 Wekunagoda Road, Galle.
SC Appeal 48/ 2022 PETITIONERS SC (SPL) LA Application No.39/2022 -Vs-
CA Writ Application No: 276/2021 1. Mr. Sampath Weeragoda, former Principal Richmond College & Chairman of the Interview Board-
Presently at the Ministry of Education
3rd Floor, Isurupaya, Battaramulla.
2. Lanka Senanayake, Secretary, of the Interview Board, Richmond College, Galle.
3. Prasadi Anupama Kulathunga
4. Samith Gallage, Attorney-at-Law
5. Dunstan Lokumalage
3rd to the 5th Respondents are Members of the Interview Board, Richmond College, Galle.
6. Mr. Thilak Wathuthuhewa, Principal, Richmond College, Galle.
ADDED 6A. Mr. W.P.N.D. Weerasinghe Principal, Richmond College, Galle.
7. Mr. Francis Wellage, Principal Rahula College, Matara, Chairman of the Appeal & Objection Investigation Board
8. Priyal De Silva, Deputy Principal &
Secretary, Appeal & Objection Investigation Board
9. D.N. Ruwanpathirana, 10. Nilantha Halpandiya, Attorney-at-Law, 11. Ravi Kalansooriya.
9th to 11th Respondents are members of the Appeal & Objection Investigation Board, Richmond College, Galle.
12. Professor Kapila C.K. Perera, Secretary, Ministry of Education
3rd Floor, Isurupaya, Battaramulla.
13. Mr. Kithsiri Liyanagamage, Director National Schools, Ministry of Education
3rd Floor, Isurupaya, Battaramulla.
RESPONDENTS AND NOW BETWEEN
1. Thenudaya Nithil Demash Kodithuwakku
2. Ranjan Pushpakumara Kodithuwakku Both of 4/1A 3/1 Wekunagoda Road, Galle.
PETITIONERS- APPELLANTS Vs-
1. Mr. Sampath Weeragoda, former Principal Richmond College & Chairman of the Interview Board-
Presently at the Ministry of Education
3rd Floor, Isurupaya, Battaramulla.
2. Lanka Senanayake, Secretary, of the Interview Board, Richmond College, Galle.
3. Prasadi Anupama Kulathunga
4. Samith Gallage, Attorney-at-Law
5. Dunstan Lokumalage
3rd to the 5th Respondents are Members of the Interview Board, Richmond College, Galle.
6. Mr. Thilak Wathuthuhewa, Principal, Richmond College, Galle.
6A. Mr. W.P.N.D. Weerasinghe Principal, Richmond College, Galle.
ADDED 6B. Mr. P. Saman Pushpakumara, Principal, Richmond College, Galle.
7. Mr. Francis Wellage, Principal Rahula College, Matara, Chairman of the Appeal & Objection Investigation Board
8. Priyal De Silva, Deputy Principal &
Secretary, Appeal & Objection Investigation Board
9. D.N. Ruwanpathirana, 10. Nilantha Halpandiya, Attorney-at-Law, 11. Ravi Kalansooriya.
9th to 11th Respondents are members of the Appeal & Objection Investigation Board, Richmond College, Galle.
12. Professor Kapila C.K. Perera, Secretary, Ministry of Education
3rd Floor, Isurupaya, Battaramulla.
13. Mr. Kithsiri Liyanagamage, Director National Schools, Ministry of Education
3rd Floor, Isurupaya, Battaramulla.
RESPONDENTS-RESPONDENTS BEFORE: S. THURAIRAJA, PC, J.
KUMUDINI WICKREMASINGHE, J. MAHINDA SAMAYAWARDHENA, J.
COUNSEL: Thushani Machado for the Petitioners – Appellants.
S. Balapatabendi, PC, ASG with Ms. N. de Zoysa, SC for the 1st – 3rd, 6th – 8th and
12th – 13th Respondents – Respondents.
WRITTEN SUBMISSIONS: Tendered on behalf of the Petitioners-Appellants on 3rd of August
2022.
ARGUED ON: 27th October 2022 DECIDED ON: 18th September 2025 K. KUMUDINI WICKREMASINGHE, J.
The Petitioners – Appellants filed a Writ Application before the Court of Appeal, bearing No. 276/2021, which was with regard to a school application, dated 17th May 2021. On the 10th day of December 2021, the Court of Appeal, having duly considered the submissions of the parties, delivered its judgment dismissing the application of the Petitioners–Appellants.
Aggrieved by which the Petitioners - Appellants came before this Court where Special Leave to Appeal was granted on the following questions of law raised in paragraph 66 (b), (c) and (h) of the Petition.
1. Did the Cou
