In the Supreme Court of the Democratic Socialist Republic of Sri Lanka In the matter of an Application under and in terms of Article 126 read with Article 17 of the Constitution.

Application No. SC FR 112/2021

1. D.S.R.D. Fernando No. 166B, St. Joseph Mawatha, Kaluwarippuwa East, Katana.

2. B.A.M.U. Bambaragoda No. 126, School Lane, Badalgama.

3. M.A.M.C. Muthugala No. 197, Molwaththa, Kithulwala, Mirigama.

4. H.T.N.M. Wickramarathne No. 699/12, Galle Road, Randombe, Ambalangoda.

5. G. Sagarika Lakmini Kandagoda Waththa, Nabadawa, Yakkalamulla. And 290 others Petitioners Vs.

1. Hon. Chamal Rajapaksa, State Minister of Home Affairs, State Ministry of Home Affairs, “Nila Medura”, Elvitigala Mawatha, Colombo 5.

1A. Hon. Dinesh Gunawardena, Minister of Public Administration, Home Affairs, Provincial Councils and Local Government, Ministry of Public Administration, Home Affairs, Provincial Councils and Local Government, Independence Square, Colombo 7.

2. N.H.M. Chithrananda, Secretary, Ministry of Home Affairs, “Nila Medura”, Elvitigala Mawatha, Colombo 5.

2A. Neel Bandara Hapuhinne, Secretary, Ministry of Public Administration, Home Affairs, Provincial Councils and Local Government, Independence Square, Colombo 7.

3. B.P.C. Kularatne, Additional Commissioner (Legal and Investigations), Elections Commission of Sri Lanka, Elections Secretariat, Sarana Mawatha, Rajagiriya.

4. Honourable Mahinda Rajapaksa, Minister of Finance, Ministry of Finance, The Secretariat, Lotus Road, Colombo 1.

5. S.R. Attygalle Secretary to the Treasury, Ministry of Finance, The Secretariat, Lotus Road, Colombo 1.

5A. K.M. Mahinda Siriwardana, Secretary to the Treasury, Ministry of Finance, The Secretariat, Colombo 1.

6. Hiransa Kaluthantri Director General, Department of Management Services, 3rd Floor, Ministry of Finance, The Secretariat, Lotus Road, Colombo 1.

7. Honourable Justice Jagath Balapatabendi Chairman, Public Service Commission.

8. Indrani Sugathadasa Member, Public Service Commission.

9. V. Shivagnanasothy Member, Public Service Commission.

9A. Suntharam Arumainayaham, Member, Public Service Commission.

10.Dr. T.R.C. Ruberu Member, Public Service Commission.

11.A.L. Mohamed Saleem Member, Public Service Commission.

12.Leelasena Liyanagama Member, Public Service Commission.

13.Dian Gomes Member, Public Service Commission.

14.Dilith Jayaweera Member, Public Service Commission.

15.W.H. Piyadasa Member, Public Service Commission.

16.M.A.B. Daya Senarath Secretary, Public Service Commission.

16A. Thanuja Murugeson, Secretary (Acting), Public Service Commission.

7th to 16A Respondents of No. 1200/9, Rajamalwatta Road, Battaramulla.

17.Honourable Attorney-

General, Department of the Attorney General, Colombo 12. Respondents Before: E.A.G.R. Amarasekara, J.

Yasantha Kodagoda, PC, J.

Mahinda Samayawardhena, J.

Appearance: Saliya Pieris, PC with Anjana Rathnasiri for the Petitioners.

Fazly Razik, DSG for the Respondents.

Argued on: 22nd February 2024 Written Submissions tendered on: On 18th March 2022 and 21st February 2025 for the Petitioners.

On 25th January 2022 and 27th February 2025 for the Respondents.

Judgment delivered on: 29th May 2025

Judgment

Yasantha Kodagoda, PC, J.

Introduction and background

1. This is a judgment which relates to an Application filed in this Court invoking the jurisdiction conferred on it by Article 126 read with Article 17 of the Constitution.

2. The two hundred and ninety-five (295) Petitioners constitute a group of persons who sought (unsuccessfully) to join the public service and hold office as ‘Grama Niladhari’ (meaning ‘Village Officer’). They sought entry into Grade III of the Grama Niladhari Service. While the 2nd Respondent is the Secretary, Ministry of Home Affairs, the 2A Respondent is the Secretary, Ministry of Public Administration, Home Affairs, Provincial Councils and Local Government (the successor Ministry to the Ministry of Home Affairs). The 7th Respondent is the Chairman of the Public Service Commission and the 8th to 15th Respondents are the o