GEETHIKA AND TWO OTHERS V. DISSANAYAKA AND FIVE OTHERS

GEETHIKA AND TWO OTHERS V. DISSANAYAKA AND FIVE
OTHERS

SUPREME COURT
MARSOOF.J.
EKANAYAKA, J .
SURESH CHANDRA J.
S.C.F.R APPLICATION NO. 35/2011
MAY 31ST , 2011

Constitution - Infringement of fundamental rights -Article 12[1] - Right to equality - Article 126 - Fundamental rights jurisdiction and its exercise

The Petitioners made an application in terms of Article 126 or the Constitution for the alleged violation of their fundamental rights guaranteed under Article 12( 1) of the Constitution as a consequence. of the 3rd Petitioner not being selected for admission to Grade 1 of D. S. Senanayake College.

The application for admission fur the year 2011 had been submitted under the category of 'children of the residents at close proximity to the school.'  The main thrust of the Petitioners' application was that on the basis of residence,they are entitled to have their child (3rd Petitioner) admitted to the school.

Held:

1. A consideration of Clause 6.1 of the Circular No. 2010/21 dated 31.5.20I0 shows that the main consideration for selection of children under the category of "children of those who arc residing

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