IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application under and in terms of Article 17 and 126 of the Constitution of the Democratic Socialist Republic of Sri Lanka in respect of the violations of Article 12(1) of the Constitution.

CASE NO. SC/FR/311/2019 M.D. Malik Sachinthana, 231/1, Lucasgoda, Tissamaharama.

PETITIONER vs

1. University Grants Commission, No. 20, Ward Place, Colombo 7.

2. Chairman, University Grants Commission, No. 20, Ward Place, Colombo 7.

3. Director, Advanced Technological Institute, Labuduwa, Galle.

4. Director General, Sri Lanka Institute of Advanced Technological Education, No. 320, T.B. Jayah Mawatha, Colombo 10.

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

RESPONDENTS BEFORE : MURDU N.B. FERNANDO PC,J S. THURAIRAJA PC,J AND YASANTHA KODAGODA PC,J COUNSEL : Sunil Cooray for the Petitioner Thanuka M. Nandasiri with R.M.N.R Bandara for the 3^rd & 4^th Respondents Ms. Sureka Ahmed, SC for the 1st, 2nd & 5th Respondents WRITTEN SUBMISSIONS : Petitioner on 28^th February 2022

1st, 2nd and 5th Respondents on 14th February 2022 ARGUED ON : 19^th January 2022 DECIDED ON : 9^th June 2022 S. THURAIRAJA, PC, J.

Manimel Dura Malik Sachinthana (hereinafter sometimes referred to as the “Petitioner”) sat the General Certificate of Education Examination (Advanced Level) in August 2018 (as his second attempt to enter University) and applied to be admitted to a Faculty of Law.

The 1^st Respondent is the University Grants Commission (hereinafter sometimes referred to as the UGC) which is a body Corporate established under the Universities Act, No. 16 of 1978. The 2^nd Respondent is the Chairman of the 1^st Respondent. The 3^rd Respondent is the Director of the Advanced Technological Institute (hereinafter referred to as ATI), the institute under which the Petitioner has allegedly been registered for a three-year course of study to obtain a Higher National Diploma. The 4^th Respondent is the Director General of the Sri Lanka Institute of Advanced Technological Education (hereinafter referred to as SLIATE) established under Act No.

29 of 1995.

This matter was supported on 10/02/2020 before this Court and leave was granted under Article 12(1) of the Constitution against 1^st - 4^th Respondents. The 1^st - 4^th Respondents are alleged to have directly violated the Fundamental Rights of the Petitioner.

The Facts The Petitioner states that he sat for the General Certificate of Education, Advanced Level (hereinafter referred to as GCE A/L) Examination in August 2018, from the Hambantota District in the Arts Stream and obtained ‘A’ passes (Distinction passes) in all three subjects. In order of merit, he was placed 4^th in the Hambantota district and

90^th all Island, securing a Z-score of 2.1652.

The minimum Z-score required to be admitted to the Faculty of Law of the University of Colombo for the academic year 2018/2019 was 1.9574, as such the Petitioner was eligible to be admitted to the University. Accordingly, the Petitioner states that he made an application to the 1^st Respondent to enter the Faculty of Law of the University of Colombo, Peradeniya or Jaffna as he was keen on becoming a lawyer.

However, the 1^st Respondent had rejected the Petitioner’s application to enter a Faculty of Law. The reason being that the Petitioner had registered for a three-year course of study to obtain a Higher National Diploma in Technology and Hospitality under Part 1, paragraph 1.7(6)(a) of the Handbook issued by the 1^st Respondent with regard to admissions to universities for the academic year 2018/2019 based on the results of the GCE A/L examination held in 2018. However, in the normal circumstances he would have gotten a definite placement at the Faculty of Law of the University of Colombo.

However, the Petitioner states that there is no evidential proof that the Petitioner was a properly registered student of the ATI, Galle. Using his results obtained at the GCE A/L examination in August 2016 (f