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P'deniya student's Writ application on July 11

2011 Jul 05

The Court of Appeal yesterday (4) fixed for hearing on July 11 the Writ application filed by a Peradeniya University student challenging the purported resignation tendered by the Heads of Department of the University.

The Writ petition came up before Justice S. Sriskandarajah (President of the Court of Appeal).

The Petitioner W.A.Y. Ekadeera is seeking the Court to issue a Writ of Prohibition restraining the Vice Chancellor and Members of the University Council from accepting the letters of resignation tendered by the 65 Heads of Departments of the university until the end of the current academic year of the Faculties of Engineering, Dental Sciences, Medicines, Allied Health Sciences, Veterinary Medicine and Animal Sciences, Science, Agriculture and Arts. He was also asking the Court to issue an Interim Order restraining the Heads of Departments from ceasing to function as Heads of Departments until the final determination.

Vice Chancellor of the University, members of the Senate, University Grants Commission, Deans of Faculties and Higher Education Minister S.B. Dissanayake and the Heads of Departments are cited as Respondents.

The Heads of Departments have tendered their resignation letters and sought to resign from the posts of Head of Department.

The Heads of Departments have tendered their resignation letters on the grounds of an impugned inadequate salary increase.  The Petitioner alleged that the acceptance of the letters of resignation of the Heads of Departments would be illegal, null and void and of no force or avail in law. He lamented that the academic and other related functions and functioning of the Universities and the degree programmes are being affected due to their purported resignation and the non-academic staff are also unable to carry out their routine functions particularly the administrative functions.


President’s Counsel Faisz Mustapha with Faiza Mustapha instructed by Gowry Shangary Thavarasa appeared for the Petitioner.

Counsel M.A. Sumanthiran with Ermiza Teagal and Juanita Arulanantham instructed by Mohan Balendra appeared for the Head of Department of Political Science of the Peradeniya University Prof. A.M. Navaratne Bandara.

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