IN THE COURT OF APPEAL OF DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for orders in the nature of Writs of Certiorari Mandamus and Prohibition under Article

140 of the Constitution of Democratic Socialist Republic of Sri Lanka.

C.A./Writ Application No. 399/2020 Rev. Uturawala Dhammaratana Thero No.738/1 Chiththabyasa Institute Sudarshana Mawatha Kelaniya.

vs.

1. Hon. G.L.Peris M.P. Minister of Education Education Ministry Isurupaya Battaramulla.

2. Professor Kapila C.K. Perera Secretary to the Ministry of Education Education Ministry Isurupaya Battaramulla.

3. Buddhist and Pali University of Sri Lanka No.37 Moragahahena Road Pitipana Homagama

4. Senior Professor Rev. Gallalle Sumanasiri vice chancellor Buddhist and Pali University of Sri Lanka No. 37 Moragahahena Road Pitipana Homagama.

5. Piyaratna Ranasinghe Arachchi Registrar and Administrative Secretary Buddhist and Pali University of Sri Lanka No. 37 Moragahahena Road Pitipana Homagama.

Before: Hon. D.N. Samarakoon Hon. Sasi Mahendran Appearance: Varuna Nanayakkara for Petitioner S. Dharmawardhana PC ASG with R. Gooneratne SC for Respondents Supported on: 23.03.2022 Written Submissions: On 25.05.2022 by Petitioner On 06.06.2022 by Respondents Date: 29.07.2022 ORDER Justice D.N. Samarakoon The prayer of the petition of the petitioner dated 13.10.2020 is as reproduced below.

a) Issue notice on 1^st, 2^nd, 3^rd, 4^th and 5^th Respondents;

b) Issue an interim order staying the decision made by the 1^st and 2^nd Respondents by halting the procedure and/or process of selecting the post of Vice Chancellor until the final hearing and determination of this application;

c) Issue an interim order preventing the 3^rd , 4^th and 5^th Respondents, their servants or agents from taking any steps in respect of the appointment of the post of Vice Chancellor in contravention of the Buddhist and Pali Act marked ‘X1’ to the Petition until the final hearing and determination of this application;

d) Issue a Mandate in the nature of Writ of Prohibition preventing the 1^st

2^nd, 3^rd, 4^th and 5^th Respondents appointing the vacancy of post of Vice Chancellor in violation of the rules and laws the contravention of the Act marked ‘X1’;

e) Issue a Mandate in the nature of Writ of Certiorari to quash the decision taken by 1^st, 2^nd,3^rd,4^th and 5^th Respondents to Vice Chancellor by following the rules set out in the Commission Circular No. 02/2020 by the University Grants Commission ;

f) Issue a Mandate in the nature of Writ of Certiorari quashing the Post of Vice Chancellor if the position has been filled by 1st,2nd,3rd,4th and 5th Respondents acting in any manner which is prejudicial to the council rules and regulations laid out by the said Act marked ‘X1’;

g) Issue a Mandate in the nature of Writ of Mandamus compelling the 1^st

2^nd, 3^rd , 4^th and 5^th Respondents to Chancellor which is due on 30.10.2020 in accordance with rules set out in section 10 of the Buddhist and Pali Act marked ‘X1’;

h) An order for costs;

i) And such other and further relief that Your Lordships’ Court may seem meet.

(a) Alleged suppression of material facts by the petitioner The first preliminary objection of the respondents is “suppression of material facts by the petitioner”.

The respondents in putting forward the said preliminary objection has reproduced the gist of paragraph (e) in the prayer of the petition which is, “Issue a Mandate in the nature of Writ of Certiorari to quash the decision taken by [1^st, 2^nd,3^rd,4^th and 5^th Respondents] to Vice Chancellor by following the rules set out in the Commission Circular No. 02/2020 by the University Grants Commission ;…”

The portion within square brackets is not written in the reproduction of the respondents of the aforesaid paragraph in their written submissions dated

06.06.2022.

The respondents state in their said written submissions, (at unnumbered page

02)

“As per the above stated relief it is