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UGC should be more transparent with regard to admissions- Colombo Law Faculty Dean

by Wasantha Ramanayake

The University Grants Commission (UGC) should be more transparent with regard to the university admissions to minimise the court cases challenging such admissions stated the Dean of the Colombo Law Faculty Prof. N. Selvakumaran filing his objections in a Fundamental Rights application by an arts faculty student in the Colombo University.

The Bench comprised Chief Justice Sarath N. Silva PC and Justices P. Edussuriya and H.S. Yapa. Prof. Selvakumaran among the other matters further stated,"I am of the view that the University Grants Commission should publish openly every year its policy criteria to select candidates, marks of each candidate and ranking, each one's choice of their course/disciplines, their choice of university and the selection made by the UGC.

R.K.W. Gunasekera, counsel for the first respondent UGC took objections that the Colombo University should have been made a party to the action since it was the university which makes the admissions. He submitted that he had not received the objections of the third and fourth respondents, Prof. N. Selvakumaran, Dean of the Law Faculty, Prof. Ms. Rasanayagam, Dean, Faculty of Arts.

The Court observed that it was the responsibility of instructing attorney of the UGC to see whether objections were filed or not and granted parties time to file written submissions. The court reserved the Judgement.

Petitioner Ms. R.I.K. de Silva, Gregory's Road, Colombo 7, cited the UGC, its chairman Prof. B.R.R.N. Mendis, Prof. N. Selvakumaran, Dean of the Law Faculty, Prof. Ms. Rasanayagam, Dean Faculty of Arts, University of Colombo and the Attorney General as respondents.

The Additional Secretary to the UGC in his objections stated that UGC rules do not allow mutual transfers between two faculties in the same university and even if there was a vacancy in the Law Faculty, unless the vacancy was in the Colombo District Quota the petitioner could not benefit from it.

The Petitioner claimed that she qualified to enter the University. However, the university informed her that she was short by a few marks to enter the Law Faculty. Accordingly, she was enroled to the Faculty of Arts. Later, she became aware that there were 6 vacancies existing in the Law faculty. She gave a letter to the Art Faculty Dean expressing her willingness for a mutual transfer with another student in the Law Faculty who was willing to join the Faculty of Arts.

She alleged that the fourth respondent informed her that the petitioners transfer could not be done without permission of the UGC.

The petitioner stated that the refusal of the UGC to release the petitioner to the Law Faculty when there were 6 vacancies was arbitrary, capricious and violative of her Fundamental Rights.

The Supreme Court earlier directed the UGC and the Dean of the Colombo Law Faculty not to make any admissions to the Faculty until the final determination of a Fundamental Rights application filed by an Art Faculty student of the University of Colombo.

D.S. Wijesinghe PC appeared for petitioner.

R.K.W. Gunasekera appeared for the UGC.

Senior State Counsel Uditha Egalahewa appeared for third and fourth respondents.

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