RIZWAN AND ANOTHER

Vs.

PRINCIPAL, RICHMOND COLLEGE, GALLE AND OTHERS

SUPREME COURT
ALUWIHARE, J.
JAYAWARDENA,J.
M.N.B. FERNANDO, J.
SC/FR/292/2018
FEBRUARY 27, 2019

Fundamental rights-Article 12(1) of the Constitution-Grade one school admission

The 1st petitioner, the father of the 2nd petitioner submitted an application to Richmond College, Galle for the admission of the 2nd petitioner to grade one in the year 2018, under the proximity category based on clause 7.2 of the circular dated 30.05.2017. At the interview, 15 marks were deducted under clause 7.2.3 on the basis that three schools other than the preferred school were situated in close proximity to the petitioner's residence. The contention of the petitioner was that the deduction of 10 marks for C.W.W. Kannangara Vidyalaya, Galle and Paramananda Vidyalaya, Galle was contrary to the circular since the said schools admit only 1 % of students

belonging to the Islamic faith. The petitioner relied on a document marked P13. The 2nd respondent Zonal Director of Education from whose office P13 was issued, was not represented before the court.

The respondents took up the position that the petiti