Nizam and Others v. Elkaduwa, Secretary, Ministry of Education Central Province and Others – sllr 1997 volume 3 page 349

In the case between Nizam and Others (assistant teachers/petitioners) and Elkaduwa, Secretary, Ministry of Education, Central Province, and Other Respondents, the court addressed whether the transfers of assistant teachers were wrongful, arbitrary, and unreasonable in violation of Article 12(1) of the Constitution. It was held that the transfers were effected on the basis of ambiguity and mistaken interpretations in recruitment documents concerning the terms of appointment to “estate schools” versus “plantation schools.” The decision reaffirmed the principle that ambiguities in contractual terms are to be construed contra proferentem in favor of the appointees. The judgment relied on constitutional protections, documentary evidence, and statistical data demonstrating that the transfers exa