Anuradhapura HC restrains Provincial PSC decision to dismiss a teacher

By Upali Ananda   

The order of dismissal from service of a teacher of music counting a service of seven years in the North Central Province made by the Secretary to the NCP Public Service Commission was restrained by Anuradhapura High Court Judge Nalin De Hewawasam. The public service commission had dismissed the teacher from service since he had not obtained a diploma from a recognized university.  

The judge made his order in response to a petition filed by the teacher seeking a court order to declare null and void the order of his dismissal from service issued an interim injunction effective till June 18, on implementing PSC Secretary’s order.   

The petitioner Samira Lakmal Disanayake of Malwanegala in Thalawa is the music teacher of Kapugollewa Vidyalaya in Horowpathana.   

Secretary to the North Central Province Public Service Commission G.K.S.Chandrakantha, Director of Education (NCP) S.M.W. Samarakoon, Kebithigollewa Zonal Director Ruwan Maithripala and eight others have been cited as respondents to the petition.   

Attorney at Law Bhagya Sri Herath appearing for the petitioner told court that the petitioner who appeared for an interview and a practical test had been appointed as a teacher of music with effect from September 20, 2017. 

He submitted that the qualification required for the post was a two year diploma in aesthetic subjects from a recognized institution or to have pass in vocal or instrumental music or in dancing at the final examination of the Bhathkande University.   

The lawyer submitted that the teacher who possessed a diploma from Bhathkande University had fulfilled requirements for the post and that he had later followed a two year training at Giragama teacher training college. He informed court that the qualification required for appointment was not a diploma from a recognized university as it was not a post for graduate teachers.   

He moved for an interim injunction restraining the PSC Secretary’s order pending final decision on the petition.