2024 Supreme(SRI)(CA) 802
COURT OF APPEAL
Hon.M. T. MOHAMMED LAFFAR J.
The Central Bank Trade Union – Appellant
Versus
The Central Bank of Sri Lanka & 20 Others – Respondent
CA/WRT/0802/2023
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.
The Central Bank Trade Union Court of Appeal Case No.
No. 30, Janadhipathi Mawatha, CA/WRT/0802/2023 Colombo 01.
Petitioner Vs.
1. The Central Bank of Sri Lanka No. 30, Janadhipathi Mawatha, Colombo 01.
2. Dr. Nandalal Weerasinghe Governor, The Central Bank of Sri Lanka No. 30, Janadhipathi Mawatha, Colombo 01.
3. Dr. Ravi Ratnayake Member, Governing Board, The Central Bank of Sri Lanka, No. 30, Janadhipathi Mawatha, Colombo 01.
4. Anushka S. Wijesinghe Member, Governing Board, The Central Bank of Sri Lanka, No. 30, Janadhipathi Mawatha, Colombo 01.
5. Vish Govindasami Member Governing Board, The Central Bank of Sri Lanka, No. 30, Janadhipathi Mawatha, 6. Dr. Miss. Dushni Weerakoon Member Governing Board, The Central Bank of Sri Lanka, No. 30, Janadhipathi Mawatha, Colombo 01.
7. Dr. Priyanga Dunusinghe Member Governing Board, The Central Bank of Sri Lanka, No. 30, Janadhipathi Mawatha, Colombo 01.
8. A. N. Fonseka Member Governing Board, The Central Bank of Sri Lanka No. 30, Janadhipathi Mawatha, Colombo 01.
9. A. A. M. Thasim Secretary, Governing Board, The Central Bank of Sri Lanka, No. 30, Janadhipathi Mawatha, Colombo 01.
10. P. S. Prabath Director, Human Resources, The Central Bank of Sri Lanka, No. 30, Janadhipathi Mawatha, Colombo 01.
11. Amith Jayasundara Commissioner of Examinations, Department of Examinations, Pelawatte, Battaramula.
12. Institute of Bankers of Sri Lanka No. 80A, Elivitigala Mawatha, Colombo 08.
13. Mrs. T. M. Y. J. P. Fernando Chairperson, Institute of Bankers of Sri Lanka, No. 80A, Elivitigala Mawatha, 14. A. A. M. Thasim Vice Chairman, Institute of Bankers of Sri Lanka, No. 80A, Elivitigala Mawatha, Colombo 08.
15. W. P. R. P. H. Fernando Board Member, Institute of Bankers of Sri Lanka, No. 80A, Elivitigala Mawatha, Colombo 08.
16. Clive Fonseka Board Member, Institute of Bankers of Sri Lanka, No. 80A, Elivitigala Mawatha, Colombo 08.
17. Nalin Edirisinghe Board Member, Institute of Bankers of Sri Lanka, No. 80A, Elivitigala Mawatha, Colombo 08.
18. R. M. N. Jeewantha Board Member, Institute of Bankers of Sri Lanka, No. 80A, Elivitigala Mawatha, Colombo 08.
19. Ms. Roshini Wijeyratne, Board Member, Institute of Bankers of Sri Lanka, No. 80A, Elivitigala Mawatha, Colombo 08.
20. Ms. Ayodhya Iddawela Perera Board Member, Institute of Bankers of Sri Lanka, No. 80A, Elivitigala Mawatha, Colombo 08.
21. Hon. Attorney General The Attorney General’s Department, Respondents Before: M. T. MOHAMMED LAFFAR, J.
Counsel: Anuja Premarathne, P.C. with Ramith Dunusinghe and Bandula Dissanayake for the Petitioner.
Sanjeewa Jayawardena, P.C. with Ms. Lakmini Warusavithana for the 1st,2nd,3rd,4th to 10th Respondents.
Manohara Jayasinghe, D. S. G. with Ms. Abigail Jayakody, S.C.
for the 11th Respondent.
Avindra Rodrigo, P.C. with Ms. Kasuni Jayaweera and T. Hemachandra for the 12th Respondent, instructed by KJ & G de Saram.
Support on: 12.07.2024 Decided on: 11.09.2024 MOHAMMED LAFFAR, J.
The Petitioner, the Central Bank Trade Union is seeking inter alia a mandate in the nature of a Writ of Certiorari quashing the decision of the 1st to 10th Respondents to conduct the Open Competitive Exam as advertised by P2 and P3 by IBSL and a Writ of Mandamus directing the said Respondents to conduct the said exam by the department of examination.
When this matter was mentioned in court on 12.07.2024, it was brought to the notice of Court that the said examination has already been duly held on 30.12.2023 and approximately 95 candidates were selected and they’re now working with the central bank. In this scenario, the instant application is now purely academic, and reliefs prayed for are futile.
Moreover, it is borne out from the documents and the submissions of the learned President’s counse