Vidyartha principal ordered by court to issue NOC
The Court of Appeal this week ordered the Principal of Vidyartha College, Kandy, to issue a No Objection Letter enabling a student to represent Kingswood College in rugby and other sports. The order marks a significant victory for Kalubandanage Rushith Thamodya Sarath Kumara, a talented young sportsman at the heart of a controversial school transfer dispute.
The petitioner, who joined Kingswood College in March 2024 for Grade 13, was denied permission to play rugby due to the absence of a No Objection Letter from his former school. As per Ministry of Education Circular No.03 of 2022 (Rule 1.1.9), a student transferring schools within a year must obtain written consent from all previous principals to participate in competitive sports.
While Vidyartha College Principal Lt. Col. M.R.P. Mayadunne issued consent for football, he refused to do so for rugby, citing heavy investments made in developing the school’s rugby team, including over Rs. 19 million from school funds and old boys’ contributions. The Court, however, found this financial reasoning “extraneous and irrelevant”.
Justice K.M.G.H. Kulatunga, delivering the judgment, noted that the Principal’s refusal was not only unreasonable but also suggestive of mala fide intent. The court recognised the student’s legitimate expectation that consent would be granted, especially after the Principal had indicated at a Human Rights Commission (HRC) inquiry that he might issue the letter upon being shown the relevant circular.
The Court further ruled that the Sri Lanka Schools Rugby Football Association must register the petitioner for the 2025 Under-19 Dialog League, and the Director of Physical Education and Sports must provide the necessary concurrence.