HUMAN RIGHT COMMISSION OF SRI LANKA - Annual report 2020
with the application. However, the Commission noted that such a
requirement is not stipulated in the provisions of the said Circular and that
the particulars of the transfer in question could have been established had
the petitioner’s child given the opportunity to face the admissions interview.
The Commission found that the petitioner’s application had been rejected
erroneously and recommended the petitioner’s child to be afforded the
opportunity to face the interview by both respondent schools. The
Commission recommended that if the child scores the required marks above
the cut-off mark at the interview, the child should be admitted to the school
of the petitioner’s choosing.
Admission to Grade 1 of a public school
(Complaint No: HRC/300/19)
Responding to a complaint that the petitioner’s child has been unfairly
deprived of admission to a leading national school in Colombo, the
Commission found a violation of Article 12(1) of the Constitution. The
petitioner has submitted the application to admit her child to Grade 1 of the
respondent school under the category of ‘proximity’. Subsequent to the
interview, the panel of interviewers has rejected her child’s application
stating that there are issues pertaining to the ownership of the house in
question. The petitioner had appealed against the said decision to the Board
of Appeals of the Ministry of Education. Entertaining her appeal, the Board
has awarded her 70.4 marks thereby placing the child well beyond the cutoff mark of 57. Nevertheless, the respondent school has failed to include the
child of the petitioner in the final admission list to Grade 1. Considering the
evidence placed before it, the Commission recommended the child be
admitted to the relevant grade in the said public school as there has been a
violation of the rights guaranteed under Article 12 (1) of the Constitution.
Enforcement of a disciplinary order
(Complaint No. HRC/1859/15)
The Commission found that the negligent conduct of the respondent in the
discharge of their administrative and executive duties has violated the
petitioner’s rights guaranteed under Article 12(1) of the Constitution. The
grievance arose from a disciplinary hearing, following which a disciplinary
order has been issued by the respondent against the petitioner. However,
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