Karunathilaka and v. Jayalath De Silva and Others – sllr 2003 volume 1 page 035

In the case between Karunathilaka and Another (petitioners) and Jayalath De Silva and Others (respondents, including education authorities), the court addressed the issue of the arbitrary denial of school admission and the consequent violation of a child’s fundamental right to equality under Article 12(1) of the Constitution. It was held that the refusal by the education authorities to admit the 2nd petitioner, the child of a transferred teacher, based on strict and inconsistent application of the relevant admission circular, constituted an infringement of constitutional rights. The principle reaffirmed is that administrative actions affecting fundamental rights must not be arbitrary and should conform to statutory and constitutional mandates. Reliance was placed on constitutional provisio