Amunupura Seelawansa Thero and Others vs Additional Secretary, Public Service Commission and Others – sllr 2004 volume 3 page 365

In the case between Amunupura Seelawansa Thero and Others (plaintiffs) and the Additional Secretary, Public Service Commission and Others (defendants), the Supreme Court addressed whether the cancellation of promotions of the petitioners in the Sri Lanka Teacher Education Service violated fundamental rights under Article 12(1) of the Constitution. It was held that the petitioners were not eligible for promotion to Class I due to the absence of five years’ satisfactory service in Class II Grade I and lack of confirmed status at the time of application. The principle reaffirmed was that equality under Article 12(1) safeguards only the lawful exercise of power, and authorities cannot be compelled to repeat an illegality to maintain uniformity. Relevant statutes and precedents were relied upon