HORATHALGE THILAK LALITHA KUMARA VS. S.S. HEWAPATHIRANA SECRETARY MINISTRY OF YOUTH AFFAIRS AND SKILLS AND OTHERS
HORATHALGE THILAK LALITHA
KUMARA
VS.
S.S. HEWAPATHIRANA, SECRETARY
MINISTRY OF YOUTH AFFAIRS AND SKILLS AND OTHERS
SUPREME COURT
PRIYASATH DEP. P.C J
UPALY ABEYRATHNE, J
ANIL GOONERATNE.J
S.C. (FR) 451/2011
June 6, 2015
CONSTITUTION Selection process- Equality-Article 12 (1)- Marking Scheme of selection criteria not disclosed- Suitability- merely pleading malafides not enough ?- Failure to name parties- Is it fatal? In equality to offend principle of equalities ?-Reasonable classification ?
Petitioner holds a Bachelor's degree in Engineering from the University of Moratuwa During 02.12.1997 to 02.09.1998 Petitioner served as a Graduate Trainee and from 2004 and thereafter selected as a Training Assistant (Maintenance) in the Department of Technical Education and Training, Colombo 10 Applications were called by Gazette P6 for the post of Maintenance Engineer which post fell vacant. Petitioner complains inter-alia that he is the most suitable person to be appointed to the said post but the 7th Respondent was appointed over and above him. Petitioner complains that there was no approved selection scheme to select a suitable candidate
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