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Ex-bhikkhu teacher challenges the cancellation of Diploma

by Kumar Wethasinghe

An ex-bhikkhu teacher filed a fundamental rights application before the Supreme Court challenging the cancellation of his teaching Diploma after disrobing and marrying.

In this case the petitioner M.P.D. Jayalath Kularatne of Sirimavopura Anurekka had cited Gunapala Wickremaratne, Chairman, Educational Services Commission of the Public Service Commission, H. Mansoor and his secretary T.M. Tennekone as the respondents.

The petitioner states that he was a teacher at the Aswedduma Junior School, Kurunegala, until his services were terminated on 10.09.2002, by the Secretary PSC/respondent.

He states that in 1982 he entered priesthood (samanera) under the name Unaliye Saranatissa. In 1989, upon a gazette notification he had applied for a Diploma Course for monks at the Sariputta Institute of Education.

Having entered the Sariputta Institute he had obtained a Diploma in Educational Science. By a gazette notification on 3.5.1993, he was appointed a teacher-monk.

His first teaching appointment was made to Mawatagama MV. On 1.8.1993 he had disrobed himself to lead a laymens life using his initial childhood name Jayalath Kularatne. He had informed the office authorities and they had acknowledged his correspondence.

Subsequently on 6.4.1994 he was absorbed into Sri Lanka Teacher Service class II grade I. Thereafter he contracted a marriage and had also become a contributor to the widows and orphans fund since 19.6.1995. However he had been later informed that his Diploma was cancelled and the salary was stopped on 17.10.2002.

He had been also made to understand that his Diploma remained valid as long as he remained a member of the clergy. But the petitioner disputes that the only gazette notification pertaining to his Diploma restrained them from disrobing during the period of Diploma.

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