ASRIN VS UNIVERSITY GRANTS COMMISSION AND OTHERS

ASRIN VS. UNIVERSITY GRANTS COMMISSION AND OTHERS

COURT OF APPEAL
SATHYA HETTIGE PC. J. [P/CA]
GOONERATNE, J.
CA 1013/08
CA 1014/08
CA 1015/08
APRIL 1,29,30,2009
MAY 21,25,2009
JUNE 12,2009

Writ of Certiorari - Students of Eastern University - Temporary registration at the Faculty of Medical Services, Sri Jayewarde- nepura University - Decision to cancel the temporary registration - Legality - Judicial review - Who could effect the transfer?

The petitioners - all Muslim students were originally selected by the University Grants Commission [U.G.C) to a course of study in Medicine in the Eastern University and registered themselves with the University. Before the commencement of the scheduled academic year to Colombo Universities, they were transferred by the U.G.C. to Universities in Colombo.

The petitioners complain that they were informed by the Sri Jayewardenepura University, that the transfers were canceled on the basis that the permanent residence of the petitioners is in the Eastern Province - this act of retransfer of the petitioners, it was contended that, was arbitrary and illegal; further, that the only body who could effect the transfers [if any) is the U.G.C.

The respondent contended that the Sri Jayewardenepura University cancelled the temporary transfers as a step in the executory process of re-transfer and was deliberated before the UGC - University Grants Commission.

Held

(1) The decision to temporarily transfer the petitioners was taken by the UGC and whether it is a temporary or permanent transfer of

students the decision affects the students academic rights thereby a legal right or interest appears to have accrued to the petitioners to be at the respective Universities to which they were assigned in terms of the law.

(2) According to Section 15 of the University Admissions Hand Book inter-university transfers of students can be made only by the UGC.

Per Sathya Hettige PC, J [P/CA]

"I am of the view that the only authority to make such decision to re-transfer the petitioners is the UGC .... the reasons given when cancelling the registration of the petitioners, which is a critical issue in these applications, on the basis that their permanent residence is in the Eastern/Northern Province and requiring the petitioners to report to the Universities is unacceptable to this Court.

APPLICATION for a Writ of Certiorari/Mandamus.

Sanjeewa Jayawardene with Abdul Najeem and Senani Dayaratne for petitioners.

Priyantha Nawana sse with Hajaz Hisbullah. se for respondents.

Nimal Weerakkody for intervenient petitioner

August 07th 2009

SATHYA HETTIGE P.C. J. P/CA

    The petitioners in Application No. 1013/08 and the Intervenient - Petitioner, the petitioners in application No. 1014/08 and the petitioner in application No. 1015/08 are seeking Writs of Certiorari to quash the decisions contained in documents marked P5 dated 05/11/2008 and the document marked P3 dated 04/11/08.

    The petitioners are also seeking Writs of Mandamus directing the 1st to 10threspondents to permit the petitioners

to engage in studies at the Faculty of Medicine of the 6th respondent's University.

    In order to determine the issues involved in these applications it is necessary to consider the facts of each case which are of similar nature.

    These applications were  taken up together on 27/02/2009, 19/03/2009, 01/04/2009, 30/04/2009, 21/05/2009, 25/05/2009 and 12/06/2009 for hearing and all parties agreed to combine all three applications and one judgment would bind the parties in all three applications.

    The petitioners in all three applications are Muslim students originally selected by the 15th respondent Commission to a course of study in medicine for the academic year 2007/2008 in the Faculty of Health Care Sciences of the 3rd Respondent namely the Eastern University of Sri Lanka by the letter dated 12/06/2008. The petitioners an

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