HUMAN RIGHTS COMMISSION OF SRI LANKA, Annual Report 2018
Non-issuance of a school leaving certificate (Complaint No.
HRC/293/18)
In November 2018, the Commission made a recommendation directing
the Principal of a public school in the Western Province to issue a
leaving certificate to the petitioner’s son in order for him to be admitted
to another public school. The petitioner stated that the reason for
changing schools was due to the lack of resources in his current school
to pursue study in the Engineering Technology stream. The principal of
the current school counter argued that the leaving certificate was not
issued due to the failure of the parents to produce a letter of admission
from the new school or from the Director of National schools as required
by circular No. 2008/17. The Commission noted that the relevant
provision in this instance was Section 5 of the said circular, according to
which, if a school does not possess necessary resources for students to
pursue studies in a particular study stream the Zonal or Provincial
Director of Education must ensure students are admitted to other
schools within the area with such facilities. The HRCSL held, therefore,
that the principal of the current school by withholding the leaving
certificate of the student and thereby depriving the student of the
opportunity to engage in studies in the requisite field within the
requisite time, had violated Article 12(1) of the Constitution and
directed the leaving certificate be issued to the student.
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Admission to Grade 1 of a public school (Complaint No.
HRC/3283/17)
Responding to a complaint that the petitioner’s child has been unfairly
deprived of admission to a leading public school in Colombo, the
Commission found a violation of Article 12(1) of the Constitution and
directed the child be admitted to the public school. Based on the
circulars No. 22/2017, 22/2017(1) and letter ED/01/12/09/04/03
issued by the Minister of Education to principals which requires
applications for admission to Grade 1 not to be rejected by reason of the
absence of marks i.e. ‘0’ marks, for one of the criteria, if the basic
requirement of scoring above the cutoff mark is fulfilled, the
Commission found that the petitioner’s application has scored 76.75
marks, well above the cutoff mark of 71. The school authorities’ decision
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