The Supreme Court today refused to grant leave to proceed with the Fundamental Rights petition filed by Royal College Principal B.A. Abeyrathna.

He had challenged the decision to remove him from his substantive post as the Principal of the Royal College and transfer him as a Director of the State Ministry of Education Reforms.

When the petition came up before the Supreme Court, the Royal College Union and Royal College Trust submitted to the court that the petitioner had misrepresented that they were supportive of him while not making them respondents, which he was not entitled to do.

Deputy Solicitor General Viveka Siriwardena appearing for the educational authorities informed the Court that the petitioner has suppressed material facts regarding serious disciplinary lapses on his part, in his petition.

Meanwhile, Counsel who appeared for the respondents and intervenient parties moved court not to grant leave to proceed or stay the transfer as prayed in the petition. Taking into consideration the facts, Supreme Court three-judge-bench comprising Justices Sisira De Abrew, Shiran Gooneratne and Mahinda Samayawardana decided to dismiss the petition in Limine.

The petitioner had cited the Secretary to the Ministry of Education, Chairman of Public Service Commission, members of Public Service Commission and several others as respondents.

The Petitioner states that he was appointed as the Acting Principal of Royal College Colombo-07 on January 1, 2016, and subsequently, he was confirmed in the substantial post as the Principal on February 26, 2020.

The Petitioner stated that after being appointed as the Principal of Royal College, he made several initiatives to uplift the academic standards including completing a backlog of prize-giving from 2012, renovation of science laboratories and Computer rooms, conducting Teachers’ Capacity Building Programmes and streamlined the duties assigned to academic and non-academic staff.

He further stated that during his period as the Principal of Royal College, improvements have been introduced to the School Management System gradual improvement and higher academic achievements of the Royal College at Grade 5 Scholarship Examinations, G.C.E. Ordinary level examinations and G.C.E. Advanced level examinations were achieved.

The Petitioner also states that he initiated the “Smart Classroom” project using modern technology at Royal College.

The Petitioner said that in 2019 he was made aware by the Royal College Union, the Old Boys Association of Royal College that the Ministry of Education has commenced a process to appoint a new Principal under an unacceptable marking scheme made to appoint a Principal with only 2 years of experience and the said process of appointment was politically motivated.

The petitioner said that the Secretary to the Ministry of Education through a letter dated 22.02.2021 informed that he was transferred as a Director of the State Ministry of Education reforms, Open Universities and Promotion of Distant learning


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