Professor Yapa Mudiyanselage Sunanda Madduma Bandara vs University of Kelaniya – CA WRIT NO.134/2012-2013

In the case between Professor Yapa Mudiyanselage Sunanda Madduma Bandara and the University of Kelaniya and others, the court addressed the legality of the University Council’s selection process for candidates for the Vice-Chancellor position. The court determined that excused absences, where prior notice and approval were obtained, do not result in automatic disqualification under Section 44(5) of the Universities Act. It was held that a Council member remains eligible to vote if absences from meetings were properly excused, upholding the procedural regularity of the Council’s nomination process. This decision reaffirmed the principle that statutory disqualification requires unexcused absence and relied on the interpretation of Section 44(5) of the Universities Act, emphasizing the legal