FERNANDO v. THE UNIVERSITY OF CEYLON
1956
Present: Weerasooriya, J., and T. S. Feranando, J.
E. F. W. FERNANDO, Appellant, and THE
UNIVERSITY OF CEYLON, Respondent
S. C. 559-D. C. Colombo, 28,909
University of
Ceylon-Right of student to sit for examinations-Misconduct of student- Scope of
the powers of the Vice-Chancellor and Board of Discipline to investigate and
punish- Remedy when the Vice-Chancellor and Board act in excess of
jurisdiction-" Judicial act "-Natural justice-Scope of certiorari proceedings-
Jurisdiction of District Court-Ceylon University Ordinance, No. 20 of 1942, ss.
6 (b), 32---General Act No. 1, Chapter 8, Part I, ss. 8, 14, 17.
When a purely administrative decision is taken against a party on the basis of
an invalid report made by a person who has legal authority to determine
judicially or quasi-judicially a question affecting a legal right of that party,
the party affected by the administrative decision is entitled to claim relief by
way of regular action, notwithstanding the absence of a right of appeal.
The plaintiff, who was a candidate at the final examination in science held by
the University of Ceylon, instituted this action aga
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