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| Thursday, 22 April 2004 |
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J'pura lecturers file suit against appointment of Medical Education Dept. head by Wasantha Ramanayake The Court of Appeal fixed for support for an interim order that sought to stay the appointment of the Head of the Medical Education Department of the Sri Jayawardanepura University as the University's Vice- Chancellor, in a Writ application filed by two senior lecturers of the University. Petitioners Dr. Ranil de Silva of Ratmalana and Dr. A. K. E. Goonetilleke of Colombo 5 cited the Sri Jayawardanepura University, Prof. M.T.M. Jiffry, Medical Faculty Dean Prof. Dayasiri Fernando, Acting Vice-Chancellor Prof. W.D.C. Wijebandara, Members of the University Council, the University Grants Commission and its Chairman Prof. Ranjith Mendis as respondents. The petitioners are doctors and senior lecturers attached to the Department of Anatomy and the Department of Pharmacology of the University of Jayawardanepura. Petitioners stated that the second respondent M. T. M. Jiffry was a Professor in Physiology and served in the Physiological Department. They alleged that although he was appointed as the Head of the Medical Education Department (MED) in the absence of any senior lecturers within the department, he was not academically qualified to be so appointed at its inception in January 1996. They also alleged that the first respondent University and the second respondent failed to advertise the post of senior lecturer for the past eight years. Petitioners stated that the MED was the pivotal department of the Faculty with 14 other departments subordinated to it. They claimed that five cadre vacancies for five lecturers in the department had not been filled. Petitioners stated that they wrote to the Acting Vice-Chancellor and other members of the University Council regarding the post of senior lecturer without success. They alleged that the advertisement was not published with the intention of enabling the second respondent to continue in office. They further alleged that when the second respondent functioned as the Dean of the Medical Faculty he had altered his title of Head MED to Acting Head of MED in order to continue as the defacto head of the MED. According to the petitioners, their concern about the unsatisfactory state of affairs at the MED caused the second respondent to develop a personal animosity towards them. As a result, the first petitioner was charged with certain offence as a result of ceratin group of university students having complained against the first petitioner at the instigation of the second respondent. Petitioners also stated that the Inquiry Officer exonerated the first petitioner of the charges and instead found that the second respondent had "made use of the students for the evil acts of gaining their own needs in taking revenge." They further stated that there had been allegations of mismanagement of funds received from various institutions levelled at the second respondent. Petitioners stated that they had become aware that the University Council intended to recommend the second respondent for the post of Vice-Chancellor of the University. Petitioners alleged that if the second respondent was appointed as the VC it would thwart the disciplinary inquiry against the second respondent sought by the petitioners in the instant application and would undermine provisions relating to integrity, misconduct and transparency in the Universities Establishment Code. The petitioners prayed to quash the decision to appoint the second respondent as the Head of the MED and the decision of the University Council of the Jayawardanepura University and the University Grants Commission to appoint the second respondent as its Vice-Chancellor. The petitioners also sought an order directing the respondents to advertise the post of senior lecturer for the MED and an order to appoint an independent inquiring officer to conduct a disciplinary inquiry into the several charges levelled at him in the petition. The interim relief will be supported on April 30. |
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