FR against ethnic ratio recruitment in Eastern Province

A fundamental rights petition has been filed in the Supreme Court by an Eastern Provincial Councillor claiming that the Provincial Public Service Commission was recruiting public servants on an ethnic and district ratio under a circular that the Supreme Court had held was inconsistent with the Constitution.

Arasaretnam Sasitharan, a UNP member, has cited circular No. 15/90 as the basis on which the provincial public service was recruiting public servants and that the Attorney General had confirmed that this circular was unconstitutional.

In his petition, he cites instances where irregular procedures have been adopted and says that though he had raised this matter with the Chairman of the Eastern Provincial Council and in the Council itself, no remedial action has been taken. He states that he even wrote to the Minister of Public Administration on the matter, and that he received a reply from the Director of Establishments confirming that the circular has not been cancelled officially, but that appointments of public servants according to the ethnic ratio were not being done. However, Mr. Sasitharan has pointed out instances where the appointments have been made under the ethnic and district ratio. These include persons such as Sports Officers. He says that these appointments are made not on merit but on ethnicity and on a district basis.

Mr. Sasitharan states that such recruitments under the Public Administration Circular No. 15/90 were illegal, bad in law and contrary to the determination of the Supreme Court.He is seeking a declaration from the Supreme Court to declare the circular void so that future appointments could be made in accordance with the Constitution.

Meanwhile, Eastern Province Chief Minister Sivanesathurai Chandrakanthan has written to the Governor Mohan Jayawickrama complaining that the Provincial Public Service Commission Secretary K. Udage and the Governor’s Secretary S. Amirthalingam have collected monies for marking answer scripts and claims this to be a ‘corrupt practice’. He has called for action by the Governor against his own Secretary and the Secretary of the Provincial Public Service Commission.