The Court of Appeal has ordered the University of Peradeniya to immediately appoint Dr. Iromi Nisansala Menike Ariyaratne as a Grade I Senior Lecturer in the Department of Pali and Buddhist Studies, with the appointment taking retrospective effect from September 22, 2022.
The order was issued on August 7 in a writ petition filed by Dr. Ariyaratne challenging the university’s decision not to select her for the position.
Dr. Ariyaratne, who holds a First Class degree and a doctorate and has published more than 50 research papers, had applied for a vacancy in Buddhist Studies at the Faculty of Arts.
According to the case, the minimum score required for appointment as a Grade I Senior Lecturer was 120, while Dr. Ariyaratne had been awarded 119.33 marks, falling short by less than one mark.
During the proceedings, it was revealed that the selection committee had reduced marks allocated for awards and had failed to give due recognition to distinctions received by the petitioner, including a National State Literary Award.
The court was also told that although the Department of Pali and Buddhist Studies had a pressing need for a lecturer specialising in Buddhist Studies, the university had selected two other candidates who had studied primarily in the field of Pali.
The proceedings further revealed that the selection committee had altered the marking scheme during the interview process without obtaining approval from the University Council, contrary to University Grants Commission (UGC) circulars. The committee had no lawful authority to make such changes.
The Court of Appeal concluded that the selection process adopted by the university-appointed committee was arbitrary, unlawful and tainted by mala fides.
The court found that Dr. Ariyaratne possessed the required qualifications for appointment as a Grade I Senior Lecturer in the Department of Pali and Buddhist Studies and ordered the university to appoint her to the post.
Significantly, the court directed that the appointment take effect retrospectively from September 22, 2022 — the date on which she instituted legal proceedings challenging the university’s decision.
President’s Counsel Sanjeeva Jayawardena, appearing with Attorney-at-Law Ranmali Meepagala, represented Dr. Ariyaratne.
