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.