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Demoted school head alleges political hand
The rights application filed by a Kandy school principal who stood surety for Lohan Ratwatte, alleging he had been demoted to vice principal due to political victimisation by a minister, was granted leave to proceed by the Supreme Court.

The Bench comprising Justices Mark Fernando, C. V. Wigneswaran and J.A.N. de Silva granted leave to proceed under Article 12 (1) and 12(2) of the Constitution and fixed the case for hearing on January 9, 2003.

In his petition G.D. Gunadasa of Wattegama, the Principal of Mahaweli MV, Katugastota states the decision to demote him, while the vice principal was promoted to his post was subsequent to orders and requests received from the Minister of Central Province Development, Tissa Attanayake.

Citing Education Ministry Secretary W.B. Ekanayake, Director Education Central Province, N.M.L.K.B. Navaratne, Vice Principal Mrs. P.A.W. Samarasinghe and the Attorney General as respondents, he states when he queried the decision taken by the first and second respondents it had been submitted that they were merely acting under the directions of the minister.

Mr. Gunadasa states on October 21 he received a copy of the letter addressed to the Mrs. Samarasinghe which in effect appointed her as Principal whilst demoting him to Vice Principal.

This was consequent to him having agreed to be a surety for Lohan Ratwatte when in August 2, 2002; the family of the former Deputy Defence Minister Anuruddha Ratwatte had requested him to be a surety when the Teldeniya Magistrate granted bail to Lohan.

He alleges that prior to his demotion the Vice Principal had threateningly stated that through Mr. Attanayake 'those who had given bail to the Ratwattes' would be transferred out of the school and she would very soon become the Principal herself.

The dissension between Mr. Gunadasa and Mrs. Samarasinghe was a result of the former asking the latter to vacate the official bungalow she was occupying with her husband who was carrying on his business from there.

The school had been burgled on several occasions and realising that Mrs. Samarasinghe was not capable or interested in looking after the school building within whose premises the bungalow was situated, he thought it fit that some other teacher who is capable of looking after the school should occupy it. Further the bungalow was not meant for occupation by a vie principal.

Mr. Gunadasa alleges that Mrs. Samarasinghe had not taken kindly to this suggestion and warned that the political party she and her husband support had come into power.

Mr. Gunadasa states he had not taken part in any political activities However he was an active member of a trade union affiliated to the SLFP.

Stating that his demotion is arbitrary and capricious and based on political considerations, he prays for a declaration that his fundamental rights had been violated and interim relief by restraining the deputy principal from assuming duties and compensation of Rs. 20,000.

Mr. A. A. de Silva PC with Piyatissa Abeykoon and Bandula Wellala appeared for the petitioner.

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