IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an appeal under the provisions of Article 128(2) of the Constitution of the Democratic Socialist Republic of Sri Lanka.

SC Appeal No: 52/2020 SC Special LA No: 263/19 CA Writ Application No: 157/2016 1. Weragoda Kapuge Priyantha, “Agra”, Pahala Karannagoda, Warakagoda.

2. Hewage Don Ananda, Sri Sarananda Road, Pahala Naragala, Gowinna.

3. Lalith Samantha Wijesinghe, 179/01, Pannil Kandha, Kananwila, Horana.

4. Kurukulasooriya Oswal Chanditha Mario Fernando, No. 77, Kirigala Road, Handapangoda.

PETITIONERS vs

1. Secretary, Ministry of Education, “Isurupaya”, Sri Jayawardenapura, Battaramulla, Kotte.

2. Upali Marasinghe, Former Secretary, Ministry of Education, “Isurupaya”, Sri Jayawardenapura, Battaramulla, Kotte.

3. P.D. Jayarathne, Principal, Ashoka College, Horana.

4. Ven. Opalle Gnanasiri Nayaka Thero, Rajamaha Viharaya, Horana.

5. Vidyarathna (incorporated) Society, Rajamaha Viharaya, Horana.

6. P.D. Jayarathne, Principal, Ashoka College, Horana.

7. Commissioner General of Examinations, Ministry of Education, Pelawatta, Battaramulla.

RESPONDENTS And now between

1. Secretary, Ministry of Education, “Isurupaya”, Sri Jayawardenapura, Battaramulla, Kotte.

7. Commissioner General of Examinations, Ministry of Education, Pelawatta, Battaramulla.

1^ST & 7^TH RESPONDENTS – APPELLANTS vs

1. Weragoda Kapuge Priyantha, “Agra”, Pahala Karannagoda, Warakagoda.

2. Hewage Don Ananda, Sri Sarananda Road, Pahala Naragala, Gowinna.

3. Lalith Samantha Wijesinghe, 179/01, Pannil Kandha, Kananwila, Horana.

4. Kurukulasooriya Oswal Chanditha Mario Fernando No. 77, Kirigala Road, Handapangoda.

PETITIONERS – RESPONDENTS

2. Upali Marasinghe, Former Secretary, Ministry of Education, “Isurupaya”, Sri Jayawardenapura, Battaramulla, Kotte.

3. P.D. Jayarathne, Principal, Ashoka College, Horana.

4. Ven. Opalle Gnanasiri Nayaka Thero, Rajamaha Viharaya, Horana.

4A. Ven. Dr. Labugama Naradha Thero, Rajamaha Viharaya, Horana.

5. Vidyarathna (incorporated) Society, Rajamaha Viharaya, Horana.

6. P.D. Jayarathne, Principal, Ashoka College, Horana.

2^ND – 4^TH, 4A, 5^TH & 6^TH RESPONDENTS – RESPONDENTS Before: L.T.B. Dehideniya, J Achala Wengappuli, J Arjuna Obeyesekere, J Counsel: Sureka Ahmed, Senior State Counsel for the 1^st and 7^th Respondents –

Appellants Dr. Sunil Coorey with Sudharshani Coorey for the 1^st – 4^th Petitioners –

Respondents J.A.J. Udawatte with Anuradha Ponnamperuma for the 4A and 5^th Respondents – Respondents Argued on: 5^th November 2021 Written Tendered on behalf of the 1^st and 7^th Respondents – Appellants on 27^th Submissions: August 2020 Tendered on behalf of the 1^st – 4^th Petitioners – Respondents on 20^th October 2020 Tendered on behalf of the 4A and 5^th Respondents – Respondents on 7^th August 2020 Decided on: 13^th January 2023 Obeyesekere, J This appeal has been preferred against the judgment of the Court of Appeal which quashed the direction given by the Ministry of Education to the Horana Asoka College [the School] to refrain from conducting classes solely in the English language and to adopt the bilingual policy of the Government.

Background facts By letter dated 2^nd September 2015 [P12], the Secretary, Ministry of Education who is the 1^st Respondent – Appellant [the 1^st Appellant], informed the 4^th Respondent – Respondent [the 4^th Respondent] who at that time was the Manager of the said School that:

(a) Section 6 of the Assisted Schools and Training Colleges (Special Provisions) Act, No.

5 of 1960 [the 1960 Act] requires all ‘Government approved unaided private Schools’

to comply with the general education policy of the Government; and (b) the said School, by conducting classes solely in the English medium from Grades 1 to 11 is acting contrary to the education policy of the Government on the medium of instruction that should be adopted by schools.

Furthermore, by P12, the 1^st Appellant directed the 4^th Respondent to adopt the bilingual policy of the Government of teaching part of the s