Petition challenging holding Law College exams in English medium dismissed

By Lakmal Sooriyagoda  

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 the English medium was dismissed by the 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 Thereafter, he has applied to sit for the 1st year examination in October 2021 and subsequently he has withdrawn the said application.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.