Ousted Ruhuna VC files FR challenging removal

Tuesday, 24 December 2024 03:19 -     - {{hitsCtrl.values.hits}}

  • Says sudden dismissal was politically motivated and procedurally flawed
  • Argues removal followed mounting opposition from politically affiliated unions and student groups after recent elections
  • Stresses appointment of a Competent Authority bypassed due process and lacked legal basis
  • Seeks SC declaration that removal is invalid, compensation and interim relief to suspend appointment of Competent Authority

Former University of Ruhuna Vice Chancellor Prof. Sujeewa Deshapriya Amarasena

Former University of Ruhuna Vice Chancellor Prof. Sujeewa Deshapriya Amarasena has filed a Fundamental Rights petition in the Supreme Court, contesting his recent removal from the position. The petition was filed yesterday by the legal counsels representing him. Prof. Amarasena claims his dismissal was politically motivated and marred by procedural irregularities, particularly in the appointment of a Competent Authority to replace him. His petition argues that the removal constitutes an act of political victimisation following the recent Presidential and Parliamentary elections.

Prof. Amarasena was first appointed Vice Chancellor in March 2019 after securing 13 out of 26 votes in the selection process. His initial tenure was extended for a further 3 years in March 2022, reflecting the achievements and progress observed at the university under his leadership. 



During his term, the university underwent a significant transformation, including a 90% increase in student intake and attaining an A grade in the Institutional Review by the University Grants Commission (UGC). Notably, he spearheaded initiatives to combat ragging, introducing stringent measures such as the dismissal and rehabilitation of students involved in such harmful practices. Under his stewardship, ragging was eradicated, fostering a safer and more inclusive environment for students.

Beyond addressing ragging, Prof. Amarasena in the petition said he implemented key reforms aimed at promoting transparency and meritocracy within the university system. He ended reliance on predatory publications for academic promotions, ensured fair and transparent recruitment processes, and introduced the video recording of interviews to eliminate favouritism and inbreeding. He also pursued financial accountability, recovering funds owed by individuals who had violated their bond agreements with the university. This included a prominent case involving a former Secretary of the Federation of University Teachers’ Association (FUTA), who had evaded repayment for over a decade.

Despite these accomplishments, Prof. Amarasena contends his removal is the result of targeted political retaliation. Following the elections in September and November 2024, he faced increasing opposition from the FUTA, trade unions, and politically affiliated student groups. These factions allegedly organised protests and blockaded university operations, preventing him from fulfilling his duties. The petitioner asserts that the UGC, acting under pressure from the ruling Government, sought to undermine his position and replace him with candidates aligned with the current administration’s political interests. Prof. Amarasena notes that such interference was limited to the universities of Ruhuna and Colombo, which, he argues, highlights the selective targeting of his administration.

The removal process, as detailed in the petition, was riddled with procedural flaws and violations of his constitutional rights. Prof. Amarasena claims the UGC’s recommendation to appoint a Competent Authority effectively sidelined him without due process or a fair hearing. He argues that his removal lacked a factual or legal basis under the provisions of the Universities Act, rendering it arbitrary and unreasonable. His petition asserts violations of his fundamental rights under the Constitution, including equality before the law, freedom from discrimination based on political opinion, and the right to engage in lawful employment.

An Extraordinary Gazette notification was issued in late November appointing Senior Prof. R.M.U.S.K. Rathnayake as the Competent Authority to act in lieu of the Vice Chancellor of the University of Ruhuna. The notification, issued by Prime Minister Harini Amarasuriya in her capacity as the Minister of Education, Higher Education, and Vocational Education, at the time said the decision was made after determining that the university’s administration had been negatively impacted and that the authorities had failed to restore normalcy.

The Gazette further noted that Senior Prof. Rathnayake would assume all powers, duties, and functions conferred on the Vice Chancellor under the Universities Act and any related regulations, effective from 25 November. 

This development followed a continuous strike by academic and non-academic trade unions affiliated with the University of Ruhuna, which commenced on 19 November. The unions, supported by the Inter-University Students’ Federation (IUSF), had been demanding Prof. Amarasena’s immediate removal. The IUSF had also staged a Satyagraha in front of the Education Ministry, further intensifying the pressure on the administration.

Despite the mounting opposition, Prof. Amarasena had categorically denied all allegations levelled against him and refused to resign. He had asserted that the accusations were baseless and part of a coordinated effort to undermine his leadership.

Prof. Amarasena is now seeking a declaration from the Supreme Court that his removal is null and void, along with compensation for the violation of his fundamental rights. He has also requested interim relief to suspend the appointment of the Competent Authority and prevent further actions against him until the case is resolved.

The petition also seeks interim relief to stay the appointment of the new competent authority. It further requests the Court annul the appointment of the new authority.

The respondents named in the petition include Education Minister Dr. Harini Amarasuriya, the Secretary to the Ministry of Higher Education, the UGC, and the FUTA. 

 

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