Jayasinghe Herath Mudiyanselage Kusum Indika Jayasinghe vs. Secretary, Ministry of Education – SC/FR/38/17-2024

In the case between Jayasinghe Herath Mudiyanselage Kusum Indika Jayasinghe and Jayasinghe Herath Mudiyanselage Swetha Arundathi Jayasinghe (petitioners) and the Secretary, Ministry of Education, Principal of Mahamaya Girls College, Kandy, and others (respondents), the court addressed whether the implementation of the Grade 1 admission circular at Mahamaya Girls College, particularly the deduction of marks due to the proximity of other schools, was lawfully applied. It was held that the deduction of marks which included Hemamali Vidyalaya—despite the presence of the Udawatta Kale Sanctuary as a substantial natural barrier—was not justified, thus violating the petitioners’ Fundamental Rights under Article 12(1) of the Constitution. The reasoning emphasized correct construction of the admiss