A Fundamental Rights application by 228 petitioners from the Northern Province was taken up in the Supreme Court today (January 30, 2014). The petitioners have stated in their petition that they hold a Higher National Diploma, which is a qualification that the state has consistently recognized as equivalent to a university degree for the purpose of entering the public service. However, according to their petition, these diploma holders have been prevented from applying for the post of graduate trainee in the public service. The petitioners have also alleged in their petition that similarly placed diploma holders from other provinces have been recruited into the public service as graduate trainees. The petition names the Minister of Public Administration & Home Affairs and the members of the Public Service Commission, amongst others, as respondents.
Justice K. Sripavan
The case was fixed for hearing on December 20, 2013 before the Supreme Court. On that occasion, the Attorney General’s Department filed a motion stating that the relevant Minister had submitted a Cabinet Memorandum that proposed to grant relief to the diploma holders. It was claimed that this Memorandum may have an impact on the petitioners as well. On that basis, the Senior State Counsel asked the Court to postpone the case, as there was a possibility of a settlement. However, no copy of this Memorandum was submitted to Court. The matter was taken off the argument list and fixed before Court on January 30, 2014.
On January 30, 2014 (today), State Counsel appearing on behalf of the respondents informed the Court, presided by Justice K. Sripavan, that the Cabinet Memorandum did not apply to the petitioners, and that it only applied to diploma holders from other provinces. Once again, the Cabinet Memorandum was not submitted to Court. Counsel appearing for the petitioners thereafter made an application to Court requesting an order compelling the respondents to produce the Memorandum. However, this application was refused. The matter is now re-fixed for hearing on September 29, 2014. An application to have the matter heard sooner was also refused. The petition was originally filed on July 31, 2012.
Thondamanaru / January 30, 2014
Whatever these Tamils achieve they expect GOSL to give in and accomodate.
Teaching Hospital, Cancer Hospital, A University, More than a dozen A Grade schools and much more……….
Airport, harbour………………….
What is the population there ??????
What more does North & Jaffna want ?
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Sandy / January 30, 2014
They need to be free.
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Palmsquirrell / January 30, 2014
GOSL claims Sri Lanka is 1 nation and everyone is equal but GOSL’s practice clearly shows that it is a government about Sinhalese, by Sinhalese for Sinhalese.
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Dr.Rajasingham Narendran / January 30, 2014
They have to be equal citizens.
Dr.RN
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Sirimal / January 30, 2014
This is how JUSTICE is prevailed under Rajapakshe.
It is high time to replace lion with “Donkey or Wild buffaloe”.
Jungle laws under the guidance of MR :(
Next re-fixed for hearing on September 29, 2014 – why does this take this long ? Is that lack of professionals or ? They deliberately do so ?
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Uthungan / January 31, 2014
The next date 29-09 2014 would have been decided by the CJ himself for the presiding judge to utter in court.
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Park / January 30, 2014
Hope Dayan J read this article.
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Sirimal / January 30, 2014
Dayan J, WW, Udaya Gammapila and the rights fantasists seem to have selective theories to explain these issues. DJ would never utter a single about lack of rule of law in his beloved Raja^s oligarchy.
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Kutti Machan / January 30, 2014
The Supreme Court Judge hearing the petition that Tamils are not allowed entry into public service is himself a Tamil, Justice K. Sripavan.
Justice Kanagasabapathy J. Sripavan is a leading Sri Lankan lawyer and judge and sitting Puisne Justice of the Supreme Court of Sri Lanka. Sripavan was a former Deputy Solicitor General and judge of the Court of Appeal. He has also served as acting Chief Justice. [Wikipedia]
Talk about irony. This is a good example of “situation irony.”
Here are two jokes on situation irony by George Carlin:
Irony is “a state of affairs that is the reverse of what was to be expected; a result opposite to and in mockery of the appropriate result.” For instance: a diabetic, on his way to buy insulin, is killed by a runaway truck. He is the victim of an accident. If the truck was delivering sugar, he is the victim of an oddly poetic coincidence. But if the truck was delivering insulin, ah! Then he is the victim of an irony.
– George Carlin
If a Kurd, after surviving bloody battle with Saddam Hussein’s army and a long, difficult escape through the mountains, is crushed and killed by a parachute drop of humanitarian aid, that, my friend, is irony writ large.
– George Carlin
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Palmsquirrell / January 30, 2014
SC judge being Tamil means nothing as there were and are many Tamils who are more than happy to stab Tamils in the back for their own personal benefit. Mara has a Tamil borther-in-law but he doesn’t have a problem with Rajapaksa’s genocidal attitude towards Tamils.
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justice / January 30, 2014
So,the mysterious memorandom quoted by state attorneys has to remain a secret!!!
Does this type of argument hold in any court of law,in any other country?
Sripavan is a prime example of Rajapakse Injustice – no doubt he has been instructed by his boss Mohan Peiris the Rajapase lackey and Chief of Injustice !!! – of the Court Supreme except for Rajapakse directives !!!
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Dr.Rajasingham Narendran / January 30, 2014
Justice delayed is justice denied. Why this long postponement?
Dr.RN
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aratai / January 30, 2014
They were hoping these diploma holders would have gone to other countries as refugees….
:-)
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Peacelover / January 31, 2014
you mean using the boats provided (for a fee of course) by the regimes golayas to go to OZ ;-)
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radish.S / January 31, 2014
I have lectured to the Higher National Diploma students in two subjects in the past. The courses were conducted at the Advanced Technical Institutes run by the government in many Provincial capitals and at Dehiwela (the main Institute). This qualification was similar to the HND awarded in U.K.and considered equivalent to a degree. In any event it can’t be considered so in all the Provinces except the Northern Province. The case being postponed to September 2014 could not be justified under any circumstances.Even Partition cases in the District Courts are taken up sooner than that.
I think the only Tamil Judge in the Supreme Court, Justice Pavan does not want to go against the government and end up as poor Justice Sriskandarajah and so might have postponed it to a date after his term in office as a Judge.
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Ajith / January 31, 2014
Chief Justice Removed.
Chief Army Commander Removed.
Chief Arms supplier (KP) is installed.
Chief Abductor and murderer (Karuna)is installed.
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Fathima Fukushima / January 31, 2014
Tamils may kill justice Sripavan!
Root cause!
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bganendra / January 31, 2014
Why was the next hearing fixed as late as 29 Sept 2014.Couldn’t find an earlier date?. What a shame. WHERE IS JUSTICE. ISN’T THIS A HUMAN RIGHT VIOLATION.
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R. Varathan / January 31, 2014
If Colvin’s Republican Constitution (1972) enshrined the spirit of
Jenning’s 29C protecting the minorities the position of Tamils, legally/constitutionally, would have been better. But the Marxist metamorphosed to shamefully become an arch Communalist and the Tamil youth were forced to take to arms. It has, since, intensely deteriorated. This issue is one clear example of this.
R. Varathan
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JimSofty / February 1, 2014
Are Degree holders are far qualified than the Diploma holders ?
Why Diploma holders should get any jobs at all ?
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KSR / February 1, 2014
They like to get the dirty work work done by Tamils themselves.Remember during the Dharmishta regime in the 80s,three of the most powerful positions in the state were held by Tamils – Chief Justice(Justice Sharvananda),Attorney General(Siva Pasupathi)and the Inspector General of Police(Rudra Rajasingham) at the same time.But JR Jayawardane continued to discriminate and unleashed terror on Tamils notwithstanding such elitist persons adorning important positions.Justice Sripavan may not be an exception.
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Punitham / October 23, 2014
What happened on 29 September 2014 please?
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