D. Wathsala Subhashini De Silva vs. Hasitha Kesara Wettimuni and others – SC FR 50/2021-2024

In the case between D. Wathsala Subhashini De Silva, Menuwara Gedara Viheli Sehansa, and the school authorities of Dharmashoka College, Ambalangoda, the court addressed whether the refusal to admit the minor petitioner constituted a violation of the fundamental rights under Article 12(1) of the Constitution. The core issue involved determining which dwelling—the old house or the newly constructed house within the same compound—the Petitioners occupied, and the relevance of documents supporting such occupancy in the context of eligibility for school admission. The findings established that, in the absence of other occupants and in light of sufficient documentary evidence, the Petitioners’ claim of residing in the old house was credible. The school authorities’ refusal to admit the minor pet