Wilson and others vAbeyratne Banda, Principal,Malwattawala M.M.V. and others (Fernando, J.)
WILSON AND OTHERSv
ABEYRATNE BANDA, PRINCIPAL,MALWATTAWALA M.M.V. AND OTHERS
SUPREME COURTFERNANDO, J.
WIGNESWARAN, J. ANDDE SILVA, J.
SC APPLICATION NO. 126/2002NOVEMBER 21 ST 2003
Fundamental Rights -Article 12(1) of the Constitution – Re-admission of studentsto a school – Failure of court to grant compensation and costs for infringement ofArticle 12(1).
1st petitioner’s son and 2nd to 4th petitioners alleged violation of their rights underArticle 12(1) of the Constitution. On the basis of certain undertakings given to court,the petitioners were re-admitted to Malwattawala Maha Vidyalaya and were provid-ed with facilities to complete their practicals. They were granted compensation ofRs. 2000/- each and costs in Rs. 5000/- payable by the State. Hie petitionerssought review of that order for adequate compensation for violation of Article 12(1).
The petitioners were entitled to review of the relief granted. The court granted eachof them compensation in a sum of Rs. 7500/- and costs in a sum ofRs. 5000/- payable by the State.
APPLICATION for infringement of fundamental rights.
Elmore Perera for petitioners
Ranjan Mendis for 1st respondent
M. Gopallawa State Counsel for 2nd to 5th and 7th respondents
November 21, 2003
The relief sought by the petitioners in this application was thatthe 1st petitioner’s son and the 2nd, 3rd, 5th, 6th and 7th petition-ers be re-admitted to Malwattawala Maha Vidyalaya Wellawaya,and that these petitoners be given necessary instruction and facili-
Sri Lanka Law Reports
 1 Sri L.R
ties to complete their practicals and projects. Further to certainundertakings given to Court, these reliefs have been obtained bythe petitioners. However, although the grievances of the petitionershave been remedied, they had to incur expense in coming to court.We therefore award 1,2, 3, 5, 6 and 7 petitioners compensation ina sum of Rs. 2000/- each and costs in a sum of Rs. 5000/- payableby the State on or before 31.01.2004
WIGNESWARAN, J, -I agree.
J.A.N. DE SILVA, J. -I agree.
January 20, 2004FERNANDO, J.
Subsequent to the proceedings of 21.11.2003, the petitionershave filed an application for review of the above order, urging thatthis Court “made no order in respect of the prayer for a declarationthat the fundamental rights of the petitioners guaranteed by Article12(1) had been infringed”, and praying also for compensation inrespect of such infringement.
The above order did recognize that the 1st, 2nd, 3rd, 5th, 6thand 7th petitioners had a legitimate grievance, which had beenremedied, but failed to award compensation for the infringement oftheir rights under Article 12(1). We accordingly vary the last sen-tence of the above order, which will now read:
“However, although the grievances of the petitionershave been remedied, they had to incur expense incoming to court. We award each of the 1st, 2nd, 3rd,
5th, 6th and 7th petitioners (a) compensation in a sumor Rs. 7,500/- and (b) costs in a sum of Rs.. 5,000/-payable by the State on or before 29.2.2004”.
WIGNESWARAN. J.-I agree.
J.A.N. DE SILVA. J.- I agree.