HETTIARACHCHI AND OTHERS

VS.

VITHANACHCHI PRINCIPAL AND
HON. AKILA VIRAJ KARIYAWASAM, MINISTER OF EDUCATION AND
OTHERS

SUPREME COURT
SISIRA J. DE ABREW J.
PRIYANTHA JAYAWARDENA PC J.
PRASANNAS.JAYAWARDENA PC J.
SC FR APPLICATION No. 41/2016
04.08.2016.

School admission- Proximity- Article 12 (1) of Constitution- Admission to Grade 1- Cut off point- Equal protection of the Law- Circular P3- Residence category- Proximity to School.

Petitioners submitted their applications to K/ Mahamaya Balika Vidyalaya, Kandy to admit their children to grade 1. The children of Petitioners obtained 81 marks. Cut off point was 81 marks. Names of Petitioners filed in the waiting-list but not admitted to the school. Petitioners contend that children who received 81 marks were admitted to the school.

1st Respondent in the affidavit states that there were 17 applicants who received 81 marks. Only 7 vacancies remaining under residence category. Respondent proceeded to rank the applicant, in order of proximity. The residence of 7 applicants, were closer to the school than residence of the said Petitioners. 1st Respondent based her decision on instruction given