Isipathana ruggerite seeks court ruling to stay on

The Isipathana ruggerite Artigalage Hashan Niroshana Artigala , who was in the centre of a controversy over his eligibility to play for his school in the recently concluded league tournament, has petitioned the Court of Appeal this week requesting permission to remain at Isipathana despite an Education Ministry circular that says that those students who fail a compulsory subject the second time must leave the school.

18 year old Artigala, together with his father, both from Hanwella, petitioned the Court of Appeal this week asking that he be permitted to remain at Isipathana despite an Education Ministry ruling that those who failed their compulsory subjects in the GCE (O/Levels), in this case Mathematics, must leave school after their second attempt.

The matter came up before a Court of Appeal Bench comprising Justices K. Saravanapavan and Eric Basnayake this week. Mr. Faiz Musthapha, PC appeared for the ruggerite seeking interim relief for Niroshana Artigala to remain at Isipathana. Mr. Viran Corea appeared on behalf of the Principal of Isipathana College.

In his petition to the Court of Appeal, Nirosha Artigala confirms that he sat the GCE O/Level examination in 2004, and again in 2005, but was unable to obtain a simple pass for Mathematics, but had applied for re-correction of his Mathematics paper.

He points out that he is a member of the Isipathana 1st XV Rugby Team, and represented his school in the Singer Inter-School B Division under 20 Rugby League tournament, and that he played for Isipathana against Royal College on 26 August, 2006 in a match won by Isipathana. He says he was aware that a "dispute" had arisen between the Principals of Isipathana and Royal Colleges over his eligibility to play for Isipathana.

Atigala claims to be a "victim" of the controversy relating to the rugby match played between the two Colleges when the "general practice" in terms of the regulations of the Department of Education has been to permit students to remain in school until they obtain the requisite passes to qualify to sit for the GCE Advanced Level examinations.

He goes on to say that "the general practice of the school (Isipathana) in the past" has been that where a student is unsuccessful in passing the GCE O/Level in one sitting, and has made an application to re-sit, or is awaiting re-correction results, the student is permitted a) to remain in school until the results of the re-correction, and b) obtain six passes inclusive of Sinhala Language and Mathematics with 3 credit passes at a subsequent attempt.

He says that as a result of this controversy he is being denied the opportunity to continue his education and participate in sports activities, and that the closing date for the 2006 GCE O/Levels examination as a private candidate has lapsed, and that he would not now be able to sit for this exam.

Additional Secretary (Education Quality Development) of the Ministry of Education, W. Dharmadasa, Secretary, Ministry of Education Ariyaratne Hewage, Deputy Director of Education (School Activity and Private Schools), Ministry of Education W.K.N. Wijetunge, Principal, Isipthana College K.A.D. Punyadasa and Principal, Royal College Upali Gunasekera were made parties to the case.

The petitioner states that no relief was sought from the Royal College Principal, and he was only being noticed of the action.

The matter will come up for further argument in the Court of Appeal on October 9.