In landmark judgment CA orders Law College to admit law graduate

• Move follows after applicant was rejected for not having credit pass for Sinhala language at O/Ls
• CA says Law College unjustifiably, irrationally and erroneously rejected the Petitioner’s application
• Says any ambiguities in interpretation of regulations should be resolved in favour of students
• Petitioner is a graduate of the Law Faculty of the Colombo University
• He has an ordinary pass for Sinhala language at the O/Ls

In a landmark judgement, the Court of Appeal ordered the Principal of the Sri Lanka Law College to admit a Law graduate from the University of Colombo whose application to the College had been rejected on the grounds that he did not have a credit pass at the GCE O/L examination for the Sinhala language.

The Petitioner, Mohamed Razie Ashiq Lafir of Colombo 5 who had applied in September 2020, to the Sri Lanka Law College to obtain the Attorney-at-Law qualification had his application rejected as he had an ordinary pass for the Sinhala language at the O/L examination instead of a credit pass.

The Petitioner had his primary and secondary education at St. Thomas’ College, Mount Lavinia and studied in Sinhala medium throughout and passed the GCE O/L examination with a distinction for English and an ordinary pass for Sinhala. Based upon his A/L results, the Petitioner was admitted to the Law Faculty of the University of Colombo where he studied in English medium throughout and completed his Bachelor of Law degree in 1999.

Justice M.T. Mohammed Laffar issuing the Order in favour of the  Petitioner said that the Court, upon careful consideration, observed  that the decisions rendered by the Sri Lanka Law College, wherein they unjustifiably, irrationally and erroneously rejected the Petitioner’s application for admission as a student, has resulted in significant prejudice to the Petitioner, depriving him of the ability to sit for an examination in order to qualify as Attorney-at-Law for the past three years.

“It is imperative that educational institutions display heightened diligence and assume greater responsibility when dealing with prospective students. This Court firmly opines that in the interpretation of regulations pertaining to educational institutes and students, any ambiguities and uncertainties should be resolved in favour of the students, for these institutes hold the lives and futures of students in their hands,” the Judge said while issuing the Writ of Certiorari quashing the decision of the SL Law College rejecting the Petitioner’s application.

The Court ordered the respondents, particularly, the 15th respondent (Principal of the SL Law College) to admit the Petitioner to the College.

The Court also issued a Writ of Certiorari quashing the requirement  in Rule 23 (1) E of the Incorporated Council of Legal Education requirement  of a Credit Pass in Sinhala at the GCE O/L examination for admission of an LL.B graduate in the English medium of a Sri Lanka University established under the Universities Act, No. 16 of 1978 , who has sat the Sri Lanka GCE O/L examination in the Sinhala medium, and obtained an ordinary pass in the Sinhala language at the O/L examination.

Nigel Hatch PC, with Siroshini Illangage appeared for the petitioner. S. Dharmawardhena A.S.G. PC appeared for the Attorney General (member The Incorporated Council of Legal Education) fourth respondent and 15th respondent Principal Sri Lanka Law College.