Cader Mohamed Thowfeek vs. South Eastern University of Sri Lanka and others – SC FR 166/2021-2025

In the matter of Cader Mohamed Thowfeek vs. South Eastern University of Sri Lanka and others, the court addressed the issue of alleged fundamental rights violation under Article 12(1) of the Constitution concerning an appointment to the post of Director-Physical Education. The court held that the Petitioner failed to establish a violation of Article 12(1), reaffirming the principle that selection committees under university or UGC authority carry a presumption of regularity and expertise, and judicial intervention is unwarranted without clear evidence of arbitrariness or procedural impropriety. This decision emphasized that Article 12(1) ensures fairness in the process, not guaranteed success, and the burden of proof rests on the Petitioner to demonstrate a violation.

Menaka Wijesundera