MANUSHA MADHURANGANA AND OTHERS

MANUSHA MADHURANGANA AND OTHERS

Vs.

HON. ATTORNEY GENERAL AND OTHERS

SUPREME COURT
PRIYASATH DEP P.C., C.J.
SISIRA J. DE ABREW J.
ANIL GOONERATNE J.
SC (FR) APPLICATION No. 57/2012
22.03.2017

National or Provincial schools - Model Primary School project - Persons in Authority - MOU - P10 - Legitimate expectation - Cut off point.

Large number of Petitioners filed this Fundamental Rights application to obtain National or Provincial Schools for children who have completed their primary education at the "Maligakanda Mahinda Vidyalaya". It is a school

developed under a project called "Model Primary School Projects" in the year 2006. This project conducted to resolve problems of the high competitive nature for children for admissions to Grade 6 of the popular and National schools, after completing primary education, as contained in circular P3.

P10, MOU had been issued due to practical problems, envisaged and due to hardship and difficulties faced in admitting children to popular schools in the Colombo District.

HELD:

1. The above Respondents have not violated the fundamental rights of the Petitioners. Equal protection of the law cannot be extended to a case of this nature where selection procedure is geared to recognise the cut off point of marks obtained in an examination, which is competitive. P10- MOU recognise this fact. P11 indicates the marks obtained by the Petitioners. It is clear that the Petitioner's marks are below the cut off point. In my view if the Petitioners are admitted to the schools mentioned above such an act can amount to violation of the fundamental rights of the others who have obtained more marks than the Petitioners.

PER ANIL GOONERATNE J.

There is an expectation to comply with P3 but whether it could be termed a "legitimate expectation "is another question to be considered very carefully. Especially an admission of students to Grade 1 and the competitive nature of the Grade 5 Scholarship Examination, is being controlled and adopted by circulars of the Education Department and the Ministry of Education.

Asthika Devendra with Jagath Wickramasuriya for Petitioners. Saliya Peiris P.C. with Thanuka Nandasirifor IB, 2A- 5A, 6B, 7A, 17B, 21B, 22C and 23A Respondents.

Sanjay Rajaratnam P.C, A.S.G. for 8th, to 16th and 24th Respondents.

Cur.adv.vult

JULY 05, 2017
ANIL GOONERATNE J.

This Fundamental Rights Application has been filed by about 88 Petitioners to obtain National or Provincial Schools for children who have completed their primary education at the Maligakanda Mahinda Vidyalaya. Petitioners describe Maligakanda Mahinda Vidyalaya as a school developed under a project called "Model Primary School Project?

in the year 2006. It is a project conducted to resolve problems of the high competitive nature for school children, for school admissions to Grade 6 of the popular and National Schools. Petitioners rely on document P3 to fortify their case to admit children to popular and or National Schools after completing primary education as stated in P3.

The question is whether the above P3 letter stipulates a binding agreement to compel the authorities concerned to admit children to Provincial and National Schools in the manner referred to in P3. Can the Petitioners argue that there is a legitimate expectation for the Petitioners and require the authorities concerned to admit their children in the manner

stipulated in P3? There is an expectation to comply with P3 but whether it could be termed a 'legitimate expectation' is another question to be considered very carefully. Especially an admission of students to Grade 1 and the competitive nature of the Grade 5 Scholarship Examination, is being controlled and adopted by circulars of the Education Department and the Ministry of Education. This is so due to the competitive nature of school admissions and to observe transparency in the process of selection, of students to Nat

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