Deva Wisaru Damdhara Wijesiri and Dewarahandi Sabeetha De. Silva vs Hasitha Kesara Wettamuni et al. – SC/FR/APPLICATION NO 28/2018-2019

In the case between the petitioners—a five-year-old child and his mother—and the officials of Dharmashoka College, Ambalangoda, including members of the Interview Board and officers from the Ministry of Education, the court addressed the issue of whether the petitioners’ fundamental rights under Article 12(1) of the Constitution were infringed by the denial of admission on the basis of Clause 7.6 of the School Admission Circular. It was held that the denial resulted from a misinterpretation of eligibility criteria regarding transfers on exigency of service and the application of a 10 km radius distance requirement. The principle reaffirmed was that eligibility under the specific transfer category must be assessed in accordance with the correct interpretation of the criteria, giving due eff