LYENSA FERNANDO AND ANOTHER

Vs.

DISSANAYAKE AND OTHERS

SUPREME COURT
FERNANDO, J.
THURAlRAJA, J.
KODAGODA, J.
SC/FR/17/2019
AUGUST 31, SEPTEMBER 25, 2020

Fundamental rights-Article 12(1) of the Constitution-School admission-Proximity category-Direct aerial distance and actual travelling distance by road-Irrationality and unreasonableness

The 2nd petitioner, the father of the 1st petitioner child, made an application for admission to Grade 1 of Yasodara Devi Balika Maha Vidyalaya, Gampaha, under the category of "close proximity to the school", in terms of the relevant circular. Applicants under this category must submit 'main' and 'additional' documents as proof of residence within the 'catchment area' of that school. The petitioner received three out of five possible marks for the 'additional documents'. Documents other than the type listed in the circular were not recognised by the interview panel.

Additionally, the circular provides that full marks for residency in the "catchment area" is only given if there are no other public schools to which the child may gain admission situated in closer proximity to the

residence. Four ma