Dayani Thanuja Herath Randeni vs H.M. Gunasekara, Former Secretary to the Ministry of Education – CA WRIT APPLICATION NO. 235/2012-2012

In the case between Dayani Thanuja Herath Randeni and others (Petitioners) and H.M. Gunasekara, Former Secretary to the Ministry of Education, and others (Respondents), the court addressed the lawfulness of the refusal to admit the 2nd Petitioner to Grade One of Vishaka Vidyalaya, Colombo, for the 2012 academic year. It was held that the preliminary objection alleging willful suppression or misrepresentation of material facts regarding residence by the Petitioners did not warrant dismissal of the application at the preliminary stage. The principle reaffirmed was that issues of sufficiency and credibility of documentary proof in school admission cases should be considered at a substantive hearing and not on the basis of preliminary objections. The decision relied on the regulatory requireme