Welgamage Don Shevan Menusha Welgama vs Rev. Brother Janaka Fonseka, Principal, De Mazenod College and others – CA WRT 904/25-2025

In the matter of Welgamage Don Shevan Menusha Welgama and Rev. Brother Janaka Fonseka, the court addressed the issue of whether the Principal lawfully refused to issue a ‘No Objection’ letter required by Circular No. 03 of 2022 (as amended) and whether discretion was unlawfully fettered or delegated. The court held that the refusal was unlawful due to the abdication/fettering of discretion and reliance on irrelevant considerations, granting writs of mandamus. This decision reaffirmed the principle that discretion must be exercised personally, on the merits of each application, with reasons, and in the best interests of the child. This decision relied on Circular No. 03 of 2022 (as amended) and Rules 1.1.9 and 1.1.9.1, emphasizing that individual assessment and the child’s welfare are param