IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for the grant of writs of mandamus, certiorari and prohibition under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka. Case No: CA/WRIT/174/2024 E – W Information Systems Limited No. 70/1/6

1^st Floor Luck Plaza Building Saint Anthony’s Road Colombo 03. PETITIONER Vs.

1. Susil Premajayantha Minister of Education Ministry of Education Isurupaya Battaramulla.

2. Wasantha Perera Secretary Ministry of Education Isurupaya Battaramulla

3. Devika Liyanage Additional Secretary (Procurement and Construction)

Ministry of Education Isurupaya Battaramulla

4. Dr. K. P. Munagama Additional Secretary (Information Technology and Digital Education)

Ministry of Education Isurupaya Battaramulla

5. A. M. P. M. B. Atapattu Project Director Ministry of Education Isurupaya Battaramulla

6. Attorney General Attorney General’s Department Colombo 12 RESPONDENTS Before: Hon. D.N. Samarakoon, J.

Counsel: Ms. Dilrukshi Dias Wickremasinghe, President’s Counsel with Ms.

Dilumi de Alwis. Chenelle Fernando and Iranthi Walgama instructed by S. W. Amila Kumara for the petitioner Amasara Gajadeera S. C. for all the respondents Supported on: 22.03.2024 Written Submissions: 27.03 .2024 at 10.00 a.m. by the Petitioner.

26.03.2024 and 27.03.2024 at 3.00 p.m. by respondents.

Decided on: 28.03.2024 (pronounced at 1.50 p.m.)

D.N. Samarakoon, J The petitioner E – W Information Systems Limited says in its petition dated 14.03.2024, that, this application relates to the re advertising and retendering of the tender by the Ministry of Education in 2024 whilst the same tender has been already awarded to the petitioner in 2022 under “13 year Guaranteed Education Programme”.

The respondents are, (i) the Minister of Education (ii) Secretary Ministry of Education (iii) Additional Secretary (Procurement and Construction) (iv) Additional Secretary (Information Technology and Digital Education) (v) Project Director and (vi) the Attorney General.

As per petitioner’s written submissions dated 27.03.2024, the following facts are admitted, “(1) The Petitioner was awarded the contracts P5 and P6 on 31st March

2022.

(2) On 26.04.2022 the Ministry of Finance issued National Budget Circular 03/2022 dated 26. 04. 2022 restricting the continuation of the Government Tenders. (The Petitioner has inadvertently not attached a Copy of the said circular to the Petition thus move that your Lordship accept the government circular which is a public document which is attached to this written submission marked "PA")

(3) Soon thereafter the government imposed a ban on all imported goods w.e.f 19.05.2022 [vide P 9]

(4) Cabinet of Ministers approved the revision of the agreed prices due to the economic crisis that prevailed in the country as informed by letter dated 11^th January 2023 [P12].

(5) An addendum with the price change was entered after 6 months of the price revision on 16^th June 2023 as evident in P14(a) and P14(b).

(6) The Sample was approved by the Respondents only on 17^th October

2023. (vide P 17 and P 22).

(7) On 20th October 2023, the Petitioner informed the 5th Respondent that the Petitioner has proceeded to import the computer equipment, that assembly of the same would conclude by 5th January 2024, and that the said equipment would be distributed to all schools by 19^th January 2024 and requested an extension of time till then to complete the project [P15]. (8) The importation of the raw material was severely restricted when banks were unable to open the Letter of Credit since there was no foreign Currency available in the country. (vide P 17, P 20 and P 22).

(9) The Petitioner was then forced to pay the vendors via TT (Telegraphic transfers) which was limited to USD 50,000/- with an additional cost of

3% commission.

(10) Since TT payments entails advance payments to purchase goods without any credit facility, the Petitioner requested for partial delivery to enable t