The Supreme Court dismissed an appeal filed by Peradeniya University challenging an order issued by Court of Appeal writ to quash the decision of the Governing Council of the University to demote Prof. Desmond Mallikarachchi from the post of Professor to that of Senior Lecturer Grade I.
A Supreme Court three-judge bench comprising Justice Buwaneka Aluwihare and former Chief Justice Nalin Perera and Justice Vijith K. Malalgoda held that the quashing of the decision to annul Prof. Mallikarachchi’s promotion to Professorship by the Court of Appeal should not be overturned. On May 25, 2010, the Court of Appeal granted the concerned relief to Prof. Desmond Mallikarachchi by issuing a writ of certiorari.
Being aggrieved by this judgement, Peradeniya University and Others came before the Supreme Court, stating that the Court of Appeal had failed to consider or appreciate the question of proportionality; had failed to distinguish between the demotion of Prof. Mallikarachchi to the grade of Associate Professor, and the revocation or annulment of Prof.
Mallikarachchi’s promotion from the post of Senior Lecturer to Professor; and had failed to give any reasons for quashing the decision to demote him to the post of Senior Lecturer-Grade I.
Prof. Desmond Mallikarachchi was the Professor of Philosophy of Peradeniya University and an ex-officio member of the Senate, the University’s academic authority.
from daily news