The Court of Appeal has ruled that the selection process for the post of Senior Lecturer (Grade I) in the Department of Pali and Buddhist Studies at the University of Peradeniya was unlawful, unfair and biased.
Accordingly, the court ordered the University of Peradeniya to appoint Dr. Iromi Nisangsala Menike Ariyaratne, a Senior Lecturer (Grade II) in Buddhist Studies, to the post.
Dr. Ariyaratne had filed a writ petition challenging the selection process conducted by the University of Peradeniya.
The bench comprising Justices R. Gurusinghe and Dr. Sumudu Premachandra issued a writ order quashing the decision not to appoint Dr. Ariyaratne to the post.
The court further ordered that she be appointed as Senior Lecturer (Grade I) with effect from September 22, 2022, the date on which she filed the petition.
The court also cancelled the Senior Lecturer (Grade II) appointment granted to the 33rd respondent. However, it upheld the Grade II appointment granted to the 32nd respondent, Ven. Dr. Diwulpalasse Wimalananda Thera, and directed that his appointment also be given retrospective effect from September 22, 2022.
Dr. Ariyaratne, who serves as a Senior Lecturer (Grade II) at the Postgraduate Institute of Pali and Buddhist Studies at the University of Kelaniya, had initiated legal proceedings against the recruitment process conducted by the University of Peradeniya.
In considering the petition, the court observed that she was the only candidate qualified for the Grade I position and possessed specialised academic qualifications in Buddhist Studies.
The court also noted that she holds a First Class Honours degree and a postgraduate qualification in Buddhist Studies, along with more than 12 years of academic experience.
After examining the circumstances surrounding the selection process, the court concluded that the decision-making process had been unlawful, biased and unfair, making judicial intervention necessary.
President’s Counsel Sanjeewa Jayawardena, together with Ranmalee Meepagala, appeared for the petitioner.
