Kelaniya don’s petition  dismissed

June 5, 2013, 10:26 pm , the island

by Chitra Weerarathne

The Court of Appeal recently dismissed the Writ Application, filed by Prof. M. D. Amerasinghe, Head of the Department of Botany of the Faculty of Science at the University of Kelaniya against the appointment of Prof. D. D. S. Kulatunga as the Dean of the Faculty of Science of the same University by the Vice Chancellor of the University, Prof. Sarath Amunugama, in January 2012.

In his judgment President of the Court of Appeal, Justice S. Sriskandarajah, explained that, in the present case, merely a complaint had been made and a criminal case instituted in the Magistrate’s Court. But, the second respondent, Prof. D. D. S. Kulatunga had not been convicted in the proceedings of the magisterial inquiry. The court had observed that the departmental inquiry revealed that there was no evidence to convict Prof. Kulatunga for any charge brought against him.

In the circumstances, the first respondent, Vice Chancellor, could not be faulted for not taking any steps against the second respondent, Prof. Kulatunga, who had been the Head of the Department of Mathematics and entitled to contest for the post of the Dean, Faculty of Science. At the election, he had been elected as the Dean of the Faculty. In the circumstances, the Vice Chancellor had no option but to appoint Prof. Kulatunga the Dean of the Science Faculty. Hence, the appointment could not be challenged as ultra vires of the provisions of law or on the ground of procedural irregularity. Therefore, the Court of Appeal dismissed the petition, but without cost.

N. Kodituwakku appeared for the petitioner Professor Mala D. Amerasinghe. The Deputy Solicitor General, Neil Unambuwe, appeared for the respondents.

Govt. tackles student issues in highhanded manner – FUTA

June 5, 2013, 10:11 pm , the island

By Dasun Edirisinghe

The government’s crushing of Sabaragamuwa University undergraduates’ protest last Saturday proved its overall plan to manipulate and control universities according to its whims and fancies and to gradually destroy the state education system, Federation of University Teachers’ Associations (FUTA) claimed yesterday.

Addressing a media briefing at the Open University of Sri Lanka, FUTA President Dr. Nirmal Ranjith Dewasiri said that it was extremely important to engage constructively and critically with students regarding their collective actions.

"We unreservedly condemn the violent response of the authorities to students’ protest and call upon them to adopt a more flexible approach in dealing with student issues," he said.

 Dr. Dewasiri said that the government’s response was extremely provocative and high-handed. Even violent demonstrations and fasts by members close to the government were dealt with completely differently when compared to how student demonstrations and protests were handled.

Banning of student unions of the Sabaragamuwa University few months ago was a violation of the democratic rights of students, the FUTA chief said, adding that they believed that the crisis that had developed over the last few days was yet another consequence of the short-sighted measures of university authorities in responding to student protests.

"Our attention is drawn to two aspects in relation to this situation: firstly, the response of the university administration to student protests and secondly the response of the police and government authorities to student protests," Dr. Dewasiri said, noting that they had found that the university administration police as well as government authorities had comprehensively failed to respond effectively and appropriately to the situation that has arisen due to student protests.

The senior academic also said that the Teachers’ Union of Sabaragamuwa University had grave concerns about student behaviour in the buildup and during the series of protests. However, that did not justify the anti-democratic and aggressive response of the authorities to the student protest, Dr. Dewasiri said. 

The police riot squad finally dispersed the protesters with the liberal use of tear gas after they blocked the Badulla–Colombo highway for about six hours.