fundamental rights cases in sri lanka

Dodampe Gamage Asantha Aravinda vs Atapattu (21899) Police Sergeant, Police Station, Pitabeddara, Bandu Saman (64017) Police Constable, Police Station, Pitabeddara and another | No:26/2009

The Petitioner, by this petition, inter alia, seeks a declaration to the effect that his fundamental rights guaranteed under Article 11,12(1),13(1) and 13(2) of the Constitution have been violated by the Respondents . This Court by its order dated 11.2.2009, granted leave to proceed for alleged violation of Article 11 and 12(1) of the Constitution. The Petitioner in his petition alleges the following facts. When the petitioner on 28.2.2008 riding his motor cycle with his friend Thushara Chaminda on the pillion in Pitabeddara (name of a village) area, lorry driven…

SAMARAKOON AND OTHERS VS UNIVERSITY GRANTS COMMISSION AND OTHERS | 2005 1SLR 119

Fundamental Rights – Petitioners who qualified to join Medical Faculty from Kandy District according to policy declared in Hand Book excluded – Legitimate expectations – Article 12(1) of the Constitution. According to the Hand Book for the academic year 2000/2001 published by the University Grants Commission (UGC) it was declared that 900 places will be available for intake of students to medical faculties of all the Universities in this country. Out of this number and as per the marking scheme, 54 places had to be allocated to the Kandy District.…

FAROOK VS DHARMARATNE, CHAIRMAN, PROVINCIAL PUBLIC SERVICE COMMISSION, UVA AND OTHERS | 2005 1SLR 133

The petitioner who was in Grade l-l of the Sri Lanka Principals’ Service was not eligible to apply for the post of Principal of Sir Razick Fareed Maha Vidyaiaya. Flowever, with the support of the Provincial Chief Minister of the Uva Province, he first became Principal of Liyanagahawela Tamil Vidyaiaya for which he was not eligible and thereafter by deceit and with the support of the Provincial Ministry of Education he obtained an appointment as Principal of Razick Fareed Maha Vidyaiaya. When the 05th respondent the Provincial Director of Education,…

SIRIMAL AND OTHERS v BOARD OF DIRECTORS OF THE CO-OPERATIVE WHOLESALE ESTABLISHMENT AND OTHERS | 2003 2SLR 23

The petitioners complained that the 1st respondent (‘The CWE”) did in violation of their rights under Article 12(1) of the Constitution stopped extension of their services beyond 55 years and purported to retire them from 31.7.2002, by circular dated 21.6.2002(P6). The previous circular dated 14.11.1995(P5) provided for granting of annual extension from 55 until 60 as in the case of the public sector under Chapter V section 5 of the Establishments Code. The reasons given for the new policy decision were: (a) Redundant labour force (b) Heavy losses; and (c)…

WICKREMASINGIfE c . v – CEYLON PETROLEUM CORPORATION AND OTHERS |2001 2SLR 409

The petitioner had been a dealer in petroleum products from 1949 at premises No. 267 Galle Road, Colombo 4 when the said premises were with the British owned Shell Company until the same vested with the 1 * respondent Corporation in 1964 under the Ceylon Petroleum Corporation Act after which the business was continued on an Agreement with the Corporation. The Agreement of Dealership could be terminated either without notice on the ground of defaults on the part o f the dealer or by either party giving 3 months notice…

DAYARATHNA AND OTHERS v. MINISTER OF HEALTH AND INDIGENOUS MEDICINE AND OTHERS | 1999 1SLR 393

By notification in the Gazette dated 10.05.1996 the Ministry of Health called for applications from persons desirous of following a course of training leading to the award of the certificate of competency as Assistant Medical Officers. Fifteen petitioners who were eligible for enrolment to follow the course of training applied in response to the notification and sat a competitive examination conducted on 27.12.1996; and they were so placed on the results of the examination as to be qualified to follow the course of training. According to the scheme published in…

ANURA BANDARANAIKE v. W. B. RAJAGURU, INSPECTOR-GENERAL OF POLICE AND OTHERS | 19991SLR 93

On 12. 02. 1997 at about 2.15 am the 2nd respondent Deputy Inspector-General of Police, Criminal Investigation and the 3rd respondent Deputy Director, Criminal Investigation entered the petitioner’s residence without a warrant or the petitioner’s permission purporting to act under sections 24 and 25 of the Code of Criminal Procedure Act on the basis that they had “reason to believe” that a murder suspect – one Punchi Nilame had entered the premises. Those respondents stated that they acted on the instructions of the 1st respondent Inspector-General of Police who had…

KARUNATHILAKA AND ANOTHER v. DAYANANDA DISSANAYAKE, COMMISSIONER OF ELECTIONS AND OTHERS | 1999 1SLR 157

The period of office of the Central, Uva, North-Central, Western and Sabaragamuwa Provincial Councils came to an end in June, 1998. The Commissioner of Elections (the 1st respondent) fixed the nomination period in terms of section 10 of the Provincial Councils Elections Act, No. 2 of 1988. After the receipt of nominations which concluded on 15.07.1998 each returning officer fixed 28.8.98 as the date of the poll by a notice under section 22 (1) of the Act. The issue of postal ballot papers in terms of section 24 of the…

PREMARATNE v. UNIVERSITY GRANTS COMMISSION AND OTHERS | 1998 3SLR 395

The petitioner had been admitted at first to the University of Sri Jayawardenapura on the result of the GCE ‘A’ Level examination 1978, and had followed a course in Biological Sciences. The Petitioner had sat again for the GCE ‘A’ Level 1979, and was informed that she was qualified to be admitted to the Faculty of Medicine. In her application in 1981 for admission the petitioner had made a declaration that she had not been previously registered to follow a course of study in any other University. This declaration had…

WICKREMATUNGA v. ANURUDDHA RATWATTE AND OTHERS |1998 1 SLR 201

The petitioner was a “Dealer” in petroleum products appointed by the 2nd respondent Ceylon Petroleum Corporation subject to terms and conditions contained in an agreement made on 16.3.1988. He was carrying on business at the Lanka Filling Station, Narahenpita. According to the petitioner, on 12.1.1996 agents of the Corporation arrived at the Riling Station and ordered the employees of the petitioner to leave the premises. On hearing about it, the petitioner visited the Riling Station when he was served with a letter stating that his appointment as a Dealer had…