1. ASIRI THARANGA
2. THIYAGARAJAH MAHENDRAN

Vs.

PRINCIPAL KINGSWOOD COLLEGE KANDY AND OTHERS

SUPREME COURT
S. EVA WANASUNDERA P.C, J.
BUVANEKA ALUWIHARE PC., J.
H.N.J. PERERA.J.
SC FR APPLICATION No. 335/2016
06.10.2017.

School admission-Proximity-Article 12 (1) of the Constitution-Kingswood College - Act No. 5 of 1960 - Act No. 8 of 1961 - Ownership - Assisted schools - Christians - Religious category.

This is a school admission, to Kingswood College Kandy by the 2nd Petitioner, on behalf of the 1st Petitioner child, of his. Application based on clause 3.2 of the "Guide lines / instructions and regulations, to Grade 1" in the year 2017. Kingswood is a Government School, vested in the Government by Act No. 8 of 1961 and such amended Acts. Petitioner's application was rejected in the first instance.

Held:

1. I find that the document marked R2 on behalf of the Respondents indicate that the category under proximity of residence had 68 vacancies meaning that it is 50% of the total number of vacancies for Grade 1 under all categories in the school. The Petitioner has applied under proximity of residence category. Going through R 2,1 can gather that 86 had been the cut off mark.

2. Court has to determine the calculation under the facts affirmed by the Petitioner on document P 21, the Summary of Reports of Schools Under the C.H.E., from the "Agenda of the Synod 1961 of the Methodist Church, Sri Lanka held at Scott Hall, Kollupitiya, Colombo 3 - Pages 85 and 86" which is certified as a true copy by the President, Methodist Church, Sri Lanka. Under the heading" Kingswood College, Kandy", the first paragraph of it reads thus: "There are 899 pupils of whom 186 are Christians. The Staff remains at 45 with 4 excess teachers and 33 Christians. 23 candidates passed S.S.C. and 6 entered the University" The ratio of Christian students among other students in the year 1961 when the school turned into a Government National School can be calculated as 186 / 899X100, which is approximately 20%. Therefore out of the 68 vacancies under proximity category, 13 or 14 vacancies should be filled by the religion category defined in Clause 3.2.

3. Any how, when a Christian child has applied to be admitted to Kingswood College, Kandy under any category, if the documents show that he is a Christian and if the number of Christian children already admitted are not above the allowed percentage of 20% intake under the religion category, then that child has a right to be admitted under Clause 3.2 of the Circular.

4. Nobody can ignore the law provided by two Statutes of Parliament, namely, Act No. 5 of 1960 and Act No. 9 of 1961. The School authorities and the Ministry of Education cannot turn a blind eye to the provisions of law already in force. The Respondents who are objecting to the fundamental rights application filed by a Christian parent who is trying hard to get the child admitted to such a school should have at least tried to find out from the documents available with the government in regard to this particular contention which has kept on coming up in this Apex Court in the Country regularly in the recent years. The People of this country have a right to canvass their fundamental rights before the Supreme Court but the question which cannot be answered is

'how many of them can afford to come to the Supreme Court?' Moreover, when the authorities are ignoring what is laid down as the law of the country, how can the people be expected to get their rights?

5. I agree with the earlier judgments in this regard in similar matters in SC/ FR 613/ 2004, 614/2004, 615/ 2004, 616/2004 and 353/ 2016 which were referred to by the Petitioner. I hold that the 1st to 3rd Respondents have infringed the fundamental rights of the Petitioner (meaning the 2nd Petitioner in the Caption ) contained in Article 12(1) of the Constitution.

6. I make order directing t