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 Mandamus and Certiorari under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka. Case No: CA/WRIT/758/2023

1. Kudagamage Bimal Rushantha Perera Nalanda Estate, Madawala Ulpotha, Matale.

PETITIONER Vs.

1. Elkaduwa Plantation Ltd, ‘Janawathu Piyasa’, No.320, T.B. Jaya Mawatha, Colombo 10.

2. Sumith Jayaratne, Chairman/CEO Elkaduwa Plantation Ltd., ‘Janawathu Piyasa’, No.320, T.B. Jaya Mawatha, Colombo 10.

3. A.U.K. Dodanwala, Additional Secretary, Ministry of Plantation Industries, Sethsiripaya, 2^nd Stage, Baththaramulla.

4. R.A.S.K. Ranasinghe

5. U.M. Samaraweera

6. Sugath Hewapathirana

7. Attigala All are Board Members of Elkaduwa Plantation Ltd., ‘Janawathu Piyasa’, No. 320, T.B. Jaya Mawatha, Colombo 10.

8. Hon. Mahinda Amaraweera Minister of Agriculture and Plantation Industries, Sethsiripaya, 2nd Stage, Battaramulla.

9. Hon. Ranjith Siyambalapitiya Non-Cabinet Minister of State Plantation Enterprise and State Minister of Finance, Ministry of Finance, The Secretariate, Colombo 01.

10. Janaka Dharmakeerthi The Secretary, Ministry of Plantation Industries, Sethsiripaya, 2^nd Stage, Baththaramulla.

11. I. Rupasingha Member of the Interview Panel, Elkaduwa Plantation Ltd., ‘Janawathu Piyasa’, No. 320, T.B. Jaya Mawatha, Colombo 10.

12. Akalanka Wickramasingha Member of the Interview Panel, Elkaduwa Plantation Ltd., ‘Janawathu Piyasa’, No. 320, T.B. Jaya Mawatha, Colombo 10.

13. Radley Dissage The Acting General Manager, Elkaduwa Plantation Ltd., ‘Janawathu Piyasa’, No. 320, T.B. Jaya Mawatha, Colombo 10.

14. The Attorney General, Attorney General’s Department, Colombo 12.

RESPONDENTS Before: Hon. D.N. Samarakoon, J.

Counsel: Mr. Razik Zarook, P.C., with Mr. Rohana Deshapriya and Mr.

Chanakya Liyanage instructed by Mr. Sanjeewa Kaluarachchi for the Petitioner.

Mr. Ranil Premathilake, with Mr. Suminda Perera instructed by Ms. Chandrani Suriyarachchi for the 1^st to 7^th, 11^th, 12^th and 13^th Respondents.

Mr. Maithri Amarasinghe, S.C., for the 8th, 9th, 10th and 14th Respondents.

Argued on: 25.03.2024 Written Submissions: 11.03.2024 by the Petitioner. 11.03.2024 by the 1^st to 7^th, 11^th ,12^th and 13^th Respondents.

Decided on: 02.04.2024 D.N. Samarakoon, J The petitioner’s position is that he is the most eligible person to be appointed as the General Manager of Elkaduwa Plantations Ltd., the 01^st respondent. He is the Senior Superintendent of the Nalanda Estate.

The paragraph 05 of petitioner’s written submission dated 11.03.2024 says, “5. The Petitioner is a result oriented Senior Operating Executive with over 20 years of experience in the plantation sector specializing in Tea, Rubber Coconut and Mix crop who possesses the educational qualifications morefully setout in the Petitiorn vide P-1, P1(a)-(e)] including a Masters degree in Business Administra tion (MBA) from Manipal University, India and Diplomas in Plantation Management and Human Resource a. The Petitioner commenced his career as a Trainee Assistant Superintendent in 1986 and thereafter was promoted gradually and held the posts as the Junior Assistant Superintendent, a. the Senior Assistant Superintendent, b. the Deputy Cluster Manager, c. Senior Assistant Superintendent in charge, d. Acting Superintendent, e. Superintendent, f. Senior Superintendent g. General Manager (covering) from 2017 until 2018 [vide P-2(a)-(d)] and h. Deputy General Manager - Mix Crop and Senior Superintendent of Hapugaspitiya estate. [vide P-3]

Management.

The paragraph 08 and 09 say “8. As the Deputy General Manager- Plantation, the Petitioner was in charge of the 10 estates that came under the umbrella of EIkaduwa Plantation Ltd. and his duties included managing the agricultural and land use practices, monitoring and development activities in the said estates. Further, the Petitioner was able to turn the Elkaduwa Estate which was runni