Nirmala Hemamali Dissanayake vs P.M. Salahudeen – CA 250/2013-2014

In the case between Nirmala Hemamali Dissanayake and Withanage Kalyani Dissanayake (petitioners) and, inter alia, P.M. Salahudeen, Director of Education, Teacher Transfer Unit, Ministry of Education, and Anura Dissanayake, Secretary (Acting), Ministry of Education (respondents), the court addressed whether the Court of Appeal possessed jurisdiction to review or quash teacher transfer orders made under letter P5a in light of the constitutional ouster clause established by Article 61A (17th Amendment) of the Constitution of Sri Lanka. The applications sought Writs of Certiorari to set aside these transfer orders, alleging they were made at the behest of an unauthorized party and therefore invalid. Upon review, it was held that Article 61A constituted an express bar to the Court’s jurisdictio