SC grants leave to proceed in FR petition over Royal College grade one admission

Colombo, March 10 (Daily Mirror) - The Supreme Court has granted leave to proceed with a Fundamental Rights petition filed in relation to the admission of a child to Grade One at Royal College, Colombo, after determining that there were sufficient grounds to examine an alleged violation of the right to equality guaranteed under Article 12(1) of the Constitution.

The petitioner child had applied for admission to the first grade of the Royal College, Colombo in the year 2026, and since the school authorities had not included the child's name in the Temporary List although he was eligible, the petitioners had filed an appeal with the Appeals and Objections Board in accordance with the provisions of the circular relating to admission to the Grade One. Despite the child fulfilling the necessary eligibility criteria, his name was also not included in the final list, prompting the petitioners to seek relief before the Supreme Court.

Appearing on behalf of the Government, Deputy Solicitor General Kanishka de Silva Balapatabendi submitted that the child was not entitled to receive full marks under the relevant category because Thurstan College, Colombo, is located closer to the child’s place of residence than Royal College, Colombo, which would affect the child’s eligibility for admission.

However, President’s Counsel Kalinga Indatissa, together with Vishwa de Livera Tennekoon, appearing for the petitioners on the instructions of Gardiniya Jayasundara, presented submissions challenging this position. They argued that the child and his parents had been subjected to an injustice despite meeting the required qualifications and that their fundamental rights had been violated as a result.

The matter was taken up before a three-judge bench comprised of the Supreme Court comprising Justice Janak de Silva, Justice Arjun Obeyesekere, and Justice Gihan Kulatunga.

After considering the submissions of the parties, the Court held that sufficient grounds had been established to proceed with the petition under Article 12(1) of the Constitution, which guarantees equality before the law and the equal protection of the law.

The Supreme Court has fixed the matter for argument on June 1.