Dean’s appointment application rejected

January 13, 2012, 9:52 pm , The Island.

By Chitra Weerarathne

The Court of Appeal recently refused to issue notice, in respect of a writ application filed against the selection and appointment of Professor D. D. S. Kulatunga, as Dean of the Faculty of Science, of the Kelaniya University.

The Court of Appeal order, by Justice S. Sri Skandarjah, said that the petitioner had failed to establish any illegality in relation to the third term, the respondent, Professor Kulatunga, was supposed to have been holding, as a Head of the Department of Mathematic, to qualify himself as a candidate for the post of Dean of the Faculty of Science.

The petitioner, Professor M. D. Amerasinghe, Head of the Department of Botany, had said that Professor Kulatunga was charged in a criminal case in the Magistrate’s Court and he should have been interdicted from service forthwith. But Deputy Solicitor General, Arjuna Obeysekera who appeared for Professor Kulatunga, had submitted that an internal inquiry was held in respect of that matter, and it had been summarised that there was insufficient material to charge him in the Magistrate’s Court. Hence, the University had used its discretion under rule 18/1 and not interdicted him. Therefore it cannot be considered as a violation of the rules or unreasonable in the given circumstances.

The two main grounds that were raised by the petitioner to disqualify Professor Kulatunga to hold office of the Dean of the Faculty of Science was not properly substantiated before the Court. The appointment was made by the University Board, and the University Board was not made a party to the application. The maintainability of this application was questionable, the Court held.

K. N. S. Kodituwakku, instructed by Sampath Vijitha Kumara, appeared for the petitioner.

Arjuna Obeysekera, DSG, appeared for first respondent, the Vice Chancellor Professor Sarath Amunugama and the Second respondent, Professor Kulatunga.