Petition challenging holding Law College Exams in English medium dismissed

2 January 2023 02:46 pm Views - {{hitsCtrl.values.hits}} 4 Bookmark

CHATURANGA PRADEEP SAMARAWICKRAMA Follow

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A writ petition filed challenging the Council of Legal Education’s decision to conduct all study courses of Sri Lanka Law College in English medium and hold examinations gradually in English medium was dismissed by Court of Appeal.

Court of Appeal two-judge-bench comprising Justices Sobhitha Rajakaruna and Dhammika Ganepola held that the petitioner is guilty of laches and decided to dismiss the petition at the beginning of the court proceedings.

Petitioner Mangala Pushpa Kumara, a student of Sri Lanka Law College had sought a writ of Certiorari to quash the Extraordinary Gazette Notification No. 2208/13 published on 30.12.2020, the relevant rules promulgated by the Council of Legal Education.

The Court of Appeal was of the view that the petitioner has entered Sri Lanka Law College based on the Rules promulgated by the Council of Legal Education including the Rules published in the impugned Gazette Notification in 2020. Thereafter, he has applied to sit for the 1st year examination in October 2021 and subsequently he has withdrawn the said application. Further, in April 2022, he has sat again at the 1st year examination in which he was unsuccessful.

The petitioner filing this petition on December 20, 2022 had moved that an interim order be issued suspending the ongoing Examination. According to the timetable, the examination was due to commence on 02.12.2022 and by now, it has been held for 4 days in the month of December.

The Court of Appeal observed that the Petitioner has waited even until this examination was partly concluded to file this Application. What is the special right bestowed upon the Petitioner to seek for such an interim order causing hardship to the majority of students who have undergone probably many sleepless nights in preparing for examinations and who have completed answering some question papers by now?, the court questioned. (Lakmal Sooriyagoda)

Comments - 4

Anil Fernando Monday, 02 January 2023 03:18 PM

If doctors, engineers, accountants, architects can sit their finals in english, why cant lawyers do so ?

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Marcus Monday, 02 January 2023 04:18 PM

If Sri Lanka needs to improve and reach world standards, all professional examinations should be compulsorily taught in ENGLISH. Thank SWRD for gifting S and abolishing E. You SWRD well done.

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Sun Lai Yung Monday, 02 January 2023 06:50 PM

I am glad that the learned judges realises that English is the working language. Other professions also conducts their examinations in English. Time to change by adopting English as a mainstream language even in rural areas. This will provide equal opportunities to all Sri Lankans.

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dot Tuesday, 03 January 2023 02:49 AM

you may sit the final exam in what ever language .but the language of the court should be the language of the litigant .a language that gives him a direct understanding of his rights ..and not push him to second guessing what he learned Judge and lawyers converse in a language known only to them...

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