KANAPATHIPILLI VS. SRI LANKA BROADCASTING
CORPORATION AND OTHERS

SUPREME COURT
DR. SHIRANI BANDARANAYAKE. J.
AMARATUNAGAJ.
BALAPATABENDI. J.
SC 145/2007
DECEMBER 4. 2008
JANUARY 22,2009

Constitution - Art 12 (1), 17, 126 - Jurisdiction of the Supreme Court to grant reliefs or give directions. Concept of equality - equals and unequals.

The petitioner programme producer of the 1st respondent Corporation alleged that the appointment of the 4th respondent to the post of Director Tamil Service was illegal and thereby had violated Art 12(1) of the Contitution. It was the contention of the petitioner that the 4th respondent was disqualified from being re-employed in the public service in terms of Administrative Circular 44/90, and that out of the eligible candidates he had scored the highest marks.

The respondent contended that, the Corporation was unaware of the circumstances of the 4th respondent's retirement from public service and that the interviews were held over two years ago and a long duration of time had passed since the holding of the said interview, and that the petitioner had obtained only 42 marks out of hundred which does not reflect