IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application under the Articles 17 and 126 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

1. Jayasinghe Herath Mudiyanselage Kusum Indika Jayasinghe, No. 14, 3^rd Lane, Dharmasoka Mawatha, Aruppola, Kandy.

2. Jayasinghe Herath Mudiyanselage Swetha Arundathi Jayasinghe, No. 14, 3^rd Lane, Dharmasoka Mawatha, Aruppola, Kandy.

Petitioners SC/FR Application No. 38/17 Vs.

1. Secretary, Ministry of Education, ‘Isurupaya’, Battaramulla.

2. I. Withanachchi, Principal, Mahamaya Girls College, Kandy.

3. Y.M.T. Kumarihamy, Principal, Sangamitta Girls School, Matale.

(Chairman, Board of Appeals and Objections)

4. H.M.P.K. Nawaratne, Vice Principal, Kingswood College, Kandy.

(Member, Board of Appeals and Objections)

5. K.P.C. Kurukulasuriya, Secretary, Mahamaya Girls College, Kandy.

6. S.A.R.A. Senaweera, Mahamaya Girls College, Kandy.

7. T.S. Kodikara, Agent for School Development Society, Mahamaya Girls College, Kandy. (Member, Board of Appeals and Objections)

8. S.D. Nawaratne, Member of Old Girls Union, Mahamaya Girls College, Kandy. (Member, Board of Appeals and Objections)

3^rd to 8^th Respondents are members of the Board of Appeals and Objections

9. C.L. Mabopitiya (minor)

10. M.S. Jayaratne (Guardian for the 9^th Respondent)

Both of No. 66/32A, Rajapihilla Mawatha, Kandy.

11. N.D.H. Hettiarachchi (minor)

12. G.C.H. Hettiarachchi (Guardian for the 11^th Respondent)

Both of No. 199 B1/1, Rajapihilla Mawatha, Kandy.

13. W.S.A.V. Abhimani (minor)

14. W.S.A.D.D. Senarathne (Guardian for the 13^th Respondent)

Both of No. 16/1, Tekkawatta, Tennakumbura, Kandy.

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

Respondents Before : Priyantha Jayawardena PC, J : A.H.M.D. Nawaz, J : Achala Wengappuli, J Counsel : S.N. Vijithsingh for the Petitioners.

: Rajitha Perera, DSG for the Respondents. Argued on : 15^th February, 2024 Decided on : 29^th February, 2024 Priyantha Jayawardena PC, J Facts of the case The instant application was filed challenging the refusal to admit the 2^nd petitioner to Grade 1 of Mahamaya Girls College, Kandy, for the Year 2017. The 1^st petitioner has made the application to admit the 2^nd petitioner to the said school based on the “children of occupants in close proximity to the school” category.

The 1^st petitioner stated that the scheme of admission to Grade 1 of National Schools for the Year 2017 was published by the Ministry of Education in Circular No. 17/2016 dated 16^th of May, 2016. As per Clause 6.0(a)(i) of the said scheme, 50% of the vacancies in Grade 1 of a school would be filled by “children of occupants in close proximity to the school”.

The 1^st petitioner further stated that he, his spouse and his daughter, the 2^nd petitioner, reside at No. 14, 3^rd Lane, Dharmasoka Mawatha, Aruppola, Kandy. He stated that he has been living in the said premises since his childhood. Further, he purchased the said premises in the year 2001 by Deed of Transfer bearing No. 41054 dated 15^th of February, 2001 and the 2^nd petitioner was born in the said residence.

Furthermore, the 1^st petitioner stated that he submitted an application to admit the 2^nd petitioner to Grade 1 of Mahamaya Girls Collage in the Year 2017 under the children of occupants in close proximity category. Further, he is qualified to apply under the occupant’s category as he was residing in the said house for over 21 years. The 1^st petitioner stated that the distance from their residence to the nearest boundary of Mahamaya Girls College is 1.2 km.

The 1^st petitioner stated that the 2^nd respondent requested him to attend an interview on the 22^nd of September, 2016, by letter dated 24^th of August, 2016. At the interview, the relevant documents were examined and the 2^nd petitioner was given only 85 marks out of 100.

Furthermore, under Clause 6.1 (III)(a) of the Circular, out of 50 marks, 5 marks are deducted for each school in closer proximity to the petitioner’s residence