The Human Rights Commission of Sri Lanka has
held that the fundamental rights of the petitioner, S. Kumarage,
who was serving as a Vice President at Pasdunrata National
College of Education, were violated by the Ministry of Education
(MoE).
The Commission, by letter dated 18. 06. 2007,
has recommended that the MoE formulate a systematic, transparent
policy for the acting appointments made at National Colleges of
Education. It has also stressed the importance of following an
honest policy while promotions are made.
The recommendations were made to the MoE in
response to a fundamental rights petition filed to the
Commission by S. Kumarage. The Petitioner complained to the
Commission that he was not appointed as an acting president
though he was qualified for the post. The appointment of an
officer, who was less qualified and less experienced than him,
violated his fundamental rights to equality and equal protection
before the law.
Among the Ministries, the Education Ministry is
alleged to be the worst offender of the article 12 (1) of the
Constitution because the ministry does not punish the higher
officers who violate the fundamental rights of their
subordinates.