Kamalawathie and Others v. The Provincial Public Service Commission, North Western Province and Others – sllr 2001 volume 1 page 001

In the case between Kamalawathie and Others (petitioners – teachers in the Sri Lanka Teachers’ Service) and the Provincial Public Service Commission, North-Western Province, along with associated respondents, the court addressed the legality of teacher transfers effected without the mandatory recommendation of a Teacher Transfer Board as prescribed by Circular No. 95/11 and the Establishments Code. It was held that the omission of such procedure, alongside the absence of reference to “exigencies of service” in the transfer orders, resulted in a violation of the petitioners’ fundamental rights under Article 12(1) of the Constitution. The principle reaffirmed was that strict compliance with procedural safeguards is essential in public service transfers to ensure fairness and prevent arbitrar