By Chitra Weerarathne

The Court of Appeal has dismissed a Writ Application filed by public litigation activist/lawyer Nagananda Kodituwakku, requesting the Court to issue a mandatory order to postpone the GCE Advanced Level Examination scheduled to commence next Tuesday (8).

The bench comprised Justice Sobitha Rajakaruna. Kodituwakku told the Court that due to teachers’ strike and the pandemic, those sitting the examination had not been able to complete their studies. The petitioner asked the court to intervene to allow students to have at least 20 more weeks to prepare for the examination.

The Director General of National Education should take this into account, the petitioner said. Counsel Krishmal Warnasuriya intervened and objected. He said he appeared for a group of children sitting the exam.

Nagananada Kodituwakku asked the Court of Appeal to issue a mandatory order to postpone the exam.

The petitioner Kodituwakku had asked the Court to cancel the A/L examination time table by a Writ of Certiorari. The right to education of children had been violated by the authorities, he said.

Justice Sobitha Rajakaruna said that the fundamental rights jurisdiction was in the Supreme Court only. But the Court of Appeal has the right to look into public interest issues, Kodituwakku said. Intervention should not be considered, Kodituwakku said.

Warnasuriya said that the petitioner Kodituwakku was trying to file petitions and stop the GCE A/L examination due next week. A citizen of this country who has no interest in the A/L examination has no right to waste the time of the Court, Warnasuriya argued.

Counsel Krishmal Warnasuriya said that Kodituwakku had petitioned as an Attorney-at-Law when he was not. Kodituwakku replied that he had been suspended from the Bar only for another one month. He said that he did a service to the people by complaining about the LP gas explosions. He said that he wanted the exam postponed for a little while only.