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2025 Supreme(SRI)(CA) 734

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
Dr. D. F. H. Gunawardhana, S. U. B. Karalliyadde, JJ
Abdul Gani Ahamed Fasrin – Appellant
Versus
South Eastern University of Sri Lanka – Respondent


Advocates:
For the Appellants/Petitioners: E. Thambiah, Neshanee De Soysa
For the Respondents: Sumathi Dharmawardhana, Dr. Peshan Gunaratne

Introduction

The Petitioner is an individual and a member of Sri Lankan society who has filed the above-styled action in the interest of the public; therefore, it can be deemed a public interest litigation. It is alleged that the Government, during the economic crisis experienced from 2021 to 2022, issued several circulars prohibiting the recruitment of new cadres to various government departments; this included lecturers for the University of Batticaloa (hereinafter referred as ‘the University’). The Petitioner asserts that despite these circulars issued by the Treasury and the Government, the 2nd Respondent, the Vice Chancellor, on behalf of the 1st Respondent, the University, recruited several individuals for the position of lecturers at the 1st Respondent University, thereby violating

the said circular, which is part of the by-laws of the country. As such, the Petitioner seeks the reliefs as prayed for in the Petition.

However, certain limited objections also have been filed for and on behalf of the Respondents and brought to the notice of the Court. The 2nd Respondent has taken the decision long before the issuance of the relevant circulars and even the recruitment process had

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