The life members and committee members of the Ceylon Scout Council have filed a Fundamental Rights petition in the Supreme Court challenging the appointment of Deputy Chief Commissioner Janaprith Fernando to the post of Chief Commissioner of the Ceylon Scout Council.
In the alternative, the petitioners also seek an order directing the President to appoint Chandra Nimal Wakishta to the Post of Chief Commissioner of the Ceylon Scout Council for 2020/2021. The Petitioners state that Wakishta, a retired Deputy Inspector General of Police, is the immediate past President of the Council and a former Honorary Secretary.
The petitioners are further seeking an interim order staying, the appointment of Janaprith Fernando to the post of Chief Commissioner of the Ceylon Scout Council with effect from September 1, 2021.
The petitioners Michel Damian Silva, Jimmy Marambe, Sarath Godakandaarachchi, Sumanadasa Jayasinghe, S.A. Amarasinghe, Owen Sarath Bandara, Udaya Parakum Iddawela, Chamika Nishan, Wasantha Udaya Kumara Bandara, Godwin Basil Ockers and Ariyarathna Gamage, are life members, council members and committee members of the Ceylon Scout Council.
The Ceylon Scout Council (CSC), President of CSC Eng. Merrill Goonetilleke, Chairman of the Committee of CSC Kapila KalyanaPerera, CSC honorary Secretary Kamalnath Jinadasa, Chief Commissioner of CSC Major General Milinda Pieris, CSC Deputy Chief Commissioner Janaprith Fernando, Secretary to the President Dr P.B. Jayasundara and the Attorney General are the respondents in this case.
The Petitioners state that Chandra Wakishta nominated by the President of CSC, the Chairman of the Committee of CSC and the Chief Commissioner of the CSC to be appointed as the Chief Commissioner, has been overlooked by the President for reasons unknown to the Petitioners.
The petitioners state that Janaprith Fernando has been appointed to the post of Chief Commissioner of the Council with effect from 01.10.2021 by the President, in his capacity as the Chief Scout and the Patron of the Council without following the proper procedure and contrary to the Rules of the Council.
The Petitioners state that as per Rule 8 of the Sri Lanka Scout Council, the Chief Commissioner should be appointed by the Chief Scout (the President) on the recommendations of the President of the Council, in consultation with the Chairman of the committee and the retiring Chief Commissioner.
The Petitioners state that the appointment of Janaprith Fernando to the post of the Chief Commissioner by the President is illegal and the said appointment is liable to be quashed.
The Petitioners state that the President, by his above action, has infringed Petitioners’ fundamental rights under Article 12(1) of the Constitution guaranteeing, their equality before the law and equal protection before the Law.
The Petitioners state that the Petitioners have been serving in the Council for a long period and have contributed immensely to the development of the Scout Movement in Sri Lanka. The petitioners said they are compelled to file this petition for the betterment of the Scout Movement in Sri Lanka.
