IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application under Article

126 of the Constitution. Mrs. V. Hiroshini Piyadasa No. 262, Bogahagoda, SC FR No. 74/2020 Dorape, Angulugaha. PETITIONER Vs.

1. University of Ruhuna

2. Senior Professor Sujeewa Amarasena Vice Chancellor

3. Professor Saman Chandana

4. Professor S.D. Wanniarachchi

5. Dr. H.P. Suriarachchi

6. Dr. H.B. Asnanthi 7. Dr. K.G. Imandra

8. Senior Professor M.V. Weerasuriya

9. Dr. Upali Pannilage

10.Mr. Samantha Kumara 11.Professor P.A. Jayantha

12.Professor Vasantha Devasiri

13.Professor W.G.D. Darmarathne

14.Professor Sampath Gunawardena

15.Professor N.J.De.S. Amarasinghe

16.Mrs. H.M. Wanigasinghe

17.Mr. M.G. Punchihewa

18.Mr. K.N. Samarasinghe 19.Admiral Samarasinghe 20.Mr. U.G. Karunarathna

21.Mr. C.R. De Zoysa

22.Professor L.P. Jayathissa

23.Professor D.A.L. Leelamani

24.Professor Sarath Amarasinghe

25.Mr. Gunapala Wijesinghe Dedewage

26.Mrs. L.C. Amarasinghe

27.Mrs. G.S. Kalugama The Registrar.

28.Ms. A.W. Nirasha “Kanthi”, Malimbada, Palatuwa.

29.Major General (Retd) G.D.H. Kamal Gunaratne The Secretary, Ministry of Defence, 15/5, Baladaksha Mawatha, Colombo 03.

30.Inspector General of Police Police Head Quarters Colombo 01.

31.Mr. Roshan Fernando Senior Deputy Inspector General of Police, Sothern Province, Galle. 32.Mr. A.S.L. Narangoda Inspector of Police (SCIB), Police Station, Galle.

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

RESPONDENTS BEFORE: S. THURAIRAJA, PC, J. KUMUDINI WICKREMASINGHE, J. AND MAHINDA SAMAYAWARDHENA, J.

COUNSEL: K.G. Jinasena with Vikum Jayanath for the Petitioner Ms. Ganga Wakishta Arachchi, DSG for the 1^st–27^th and 29^th-32^nd Respondents Ms. Maneesha Kumarasinghe with Ms. Hasini Hettiarachchi for the 28^th Respondent WRITTEN 28th Respondent on 08^th January 2024 SUBMISSIONS: Petitioner on 22^nd April 2024

1^st to 27^th Respondents and 29^th to 32^nd Respondents on 30^th April

2024 ARGUED ON: 18^th March 2024 DECIDED ON: 29th November 2024 THURAIRAJA, PC, J.

1.

The Petitioner, namely Mrs. V. Hiroshini Piyadasa (hereinafter the “Petitioner”), filed this fundamental rights application by Petition dated 12^th March 2020 under Article 126(1) read with Article 17 of the Constitution seeking, inter alia, a declaration that her fundamental right to equality before the law and equal protection of the law guaranteed under Article 12(1), and the fundamental right to freedom to engage in a lawful profession guaranteed under Article 14(1)(g) of the Constitution have been violated due to the actions and/or omissions by one or more of the Respondents.

2. On 27^th July 2020, this Court granted leave to proceed for the alleged violation of fundamental rights guaranteed under Article 12(1) of the Constitution.

Facts According to the Petitioner

3. The Petitioner was employed as the Senior Assistant Registrar to the Faculty of Medicine of Ruhuna University, the 1^st Respondent (hereinafter the “1^st Respondent University”), during which she worked with several subordinate non-academic members in conducting the duties assigned to her role, primarily involving administrative and examinations-related work. The Petitioner was placed under interdiction effective from 11^th December 2018, which, inter alia, forms the basis of the Petitioner’s instant application, and was subsequently terminated.

4. Petitioner submits that, as part and parcel of the Petitioner's role as the Senior Assistant Registrar, she was responsible for all documents in the Dean's Office while all the “other documents” were handled by her subordinate officers and the staff attached to the Dean's Office.

5. The 28th Respondent, Ms. A. W. Nirasha (hereinafter the “28th Respondent”), was a student admitted to the Medical Faculty of the 1st Respondent University, having been seconded by the Sri Lanka Navy for the academic year 2011/12 as per selections made by the University Grants Commission in terms of the Special Provisions for Enlisted Armed Forces.

6. The Peti