039-SLLR-SLLR-2006-V-3-WANASINGHE-AND-OTHERS-CITIZENS-MOVEMENT-FOR-GOOD-GOVERNANCE-vs.-UNIVERSI.pdf

Under the above provisions the two unsuccessful applicants havemade appeals and the University Services Appeals Board is inquiringin to this appeal. The two unsuccessful applicants have chosen theprocedure provided by law to challenge the said decision. The 11th
330
Sri Lanka Law Reports
(2006) 3 Sri L R.
Respondent has submitted that it has not granted the approval soughtby the 1 st Respondent to make the appointments to the post of Lecturer(Probationary) Law and decided to await the decision of the UniversityServices Appeals Board.
When the impugned order is under challenge by persons directlyaffected by the said order in the appropriate forum provided by Lawand when the matter is under consideration by the said authority,another person or body of persons who are not directly affected cannotclaim focus standi to challenge the said order on the basis of publicinterest. As I have discussed above the Courts have encouraged publicinterest litigation to keep the public authorities within the law. If theperson who has been directly affected by an illegal order of a publicauthority has challenged the said order in the appropriate forum, thenthere is no need for the Court to permit persons and organisations tochallenge the same order by a public interest litigation.
The persons affected by the legal wrong complained of in thisapplication are law graduates and they have filed an appeal complainingagainst the said legal wrong to the University Services Appeals Boardand it is under consideration. In these circumstances the Petitionerswho belong to an Organisation called Citizens Movement for GoodGovernance have no standing to complain the same legal wrong tothis court on the basis of public interest litigation.
For the above reasons the Court upholds the preliminary objectionof the Respondents that the Petitioners have no locus standi to haveand maintain this application. Therefore the Court dismisses thisapplication without costs.
Preliminary objection upheld.Application dismissed.