IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for mandates in the nature of Writs of Certiorari and Mandamus under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka. Case No: CA/WRIT/757/2023

1. Eranga Harshani Thennakoon

109, Matale Road, Rattota.

2. Ushani de Silva

33/3, W.T. Wijekulasuriya Mawatha, Megalle, Galle.

3. Isuru Madushan

48/A/3, Kandangodawaththa, Nabadawa, Yakkalamulla.

4. Mirzana Mohomed Zuhair

110/2, Colombo Road, Mahamodara, Galle.

5. Kanchana Mala Premasiri IEL 1265, Ranajayapura, Ipalogama.

6. Chathuri Dewamuni

241, Galahitiya, Godakawela.

7. J.W. Madushani

144/E, Walaw Watte, Alubomulla, Panadura.

8. Suraj Chaminda Appuhami

91/C, Akkara 15 Kokkavila, Mugunuwatawala, Chilaw.

PETITIONERS -Vs-

1. Hon. Roshan Goonetileke Governor of the Western Province, 10^th Floor, No. 204, Western Provincial Council Office Complex, Denzil Kobbekaduwa Mawatha, Battaramulla. And 73 Others RESPONDENTS Before: Hon. D.N. Samarakoon, J.

Counsel: Mr. Nuwan Bopage with Mr. Hansaka Chandrasinghe instructed by Ramzi Bacha Associates for the Petitioners.

Mr. Viraj Dayarathna, A.S.G., P.C., instructed by Ms. Hasini Opatha, S.S.C., for the Respondents.

Supported on: 15.12.2023 Written Submissions: 05.01.2024 by the Petitioners. 21.12.2023 by the 1st, 3rd, 4th, 5th, 8th, 9th , 71st and 72nd Respondents Decided on: 26.02.2024 D.N. Samarakoon, J (A) The circumstances under which the petitioners were recruited in the government service:

The 10 petitioners say that the presidential secretariat advertised a program to recruit graduates who satisfy certain criteria to public service as graduate trainees by notices marked as P.2(a) and P. 2(b). The applicants were requested to select areas of service in which they were expected to be placed out of a list provided to them. The first category was the Ministry of education schools in rural and estate areas. The age of recruitment was increased to 45 years. The petitioners were assigned to schools in which they have been engaged in teaching. They were subsequently recruited as a development officers grade 3 and continued to be placed in schools performing functions that includes teaching. The Cabinet of ministers granted their concurrence to implement the decision as per the advertisement by the presidential secretariat referred to above. According to P8 (a) the decision of the cabinet is dated 15.09.2021. The cabinet decision pertaining to this says that the training of graduate trainees has been extended until 31.12.2021. It further provided that those who will be qualified are allowed to work in the same school in which they obtained training until they are absorbed to the Sri Lanka Teachers Service. The cabinet decision further said that 3122 graduate trainees who are already undergoing training in national schools will be attached to the ministry of education as development officers and will be working in the schools in which they presently undergo training until the program of absorbing into the Teachers Service is completed.

It also said that in absorbing to the Teachers Service it will be deemed that, (i) the officers who have been appointed on 01.01.2020 as Development Officers under the programme of providing jobs to graduates in 2020 and (ii) the Development Officers who were appointed to the Development Officers’ Service on 01.01.2021 are below 35 years of age.

(B) Change of the decision in P.08(a):

But the cabinet was not consistent in taking its decisions. By subsequent cabinet decision dated 15th November 2022 the cabinet varied and or revoked the earlier decision which is marked as P.8(a). This is marked as P.12 and presently challenged by the petitioners with certain other persons in S. C. F. R. 77/2023. The petition in that case is marked as P.16. The Supreme Court has granted leave to proceed. The proceedings before the Supreme Court are marked as P.13(a).

(C) Advertisement to Recruit to Sri Lanka T