Court rejects Issipathana ruggerite’s plea to stay

By Teles Aanandappa

The Court of Appeal on (14) dismissed an application of a student of Issipathana who petitioned that he remain in school after sitting for the G.C.E O/level for a second time.

The petitioner Arachilage Heshan Niroshan Artigala cited Additional Secretary (Education Quality Development) of the Education Ministry,W.Dharamadasa the Education Ministry Sectratary,Deputy Director of Education,W.K.N. Wijetunge Principal Issipathana College, K.A.D Punyadasa and Principal Royal College Upali Gunasekera as respondents.

The petitioners Counsel said that if a student obtains five passes including three credits and one compulsory subject (either Language or Mathematics) he will be eligible to be provisionally admitted to the A/L class provided he obtains the sixth pass at the next sitting. The fourth respondent on this basis had allowed the student to remain in school and he also represented the College in Rugby.

The Additional Solicitor General then informed Court that the results of the re-correction of the Mathematics paper which the petitioner had called for was out and the results are as before and the fourth respondent Wijetunge has been duly informed.

The bench of the Court of Appeal Justices K.Sripavan and Eric Basnayake was of the view that the petitioner was not keen on knowing the outcome of the re-correction of the Mathematics answer script because once the result is known he would loose all ground to remain in school any longer and this case was filed to enable the petitioner to stay in school longer.

The Judges then dismissed the application as there was no merit and refused notice to be issued.

Counsel Faiz Mustapha P.C with J.C Weliamuna M/S Faizer Mustapha and Tushani Machado appeared for the petitioner.