Court of Appeal’s order in Eastern University case
COLOMBO: The Court of Appeal issued an interim injunction ordering the management of Eastern University to immediately allow a student who was refused permission to attend lectures and appear for the examination because of his beard.
Also, a notice was issued ordering the authorities including the University’s Vice-Chancellor to present their facts before the Court of Appeal on Sept. 14 regarding the refusal of the student who is in the final year of the Nursing Faculty to attend the lectures and to appear for the examination.
This order was issued after considering a writ petition filed by the student challenging the decision of the university authorities.
The petition was called before the President of the Court of Appeal, Justice Mr. Nissanka Bandula Karunaratne.
The petition was filed by Abdul Rahim Mohammad Nawshad, a final-year student of the Faculty of Nursing, at Eastern University.
When the petition was called, President’s Counsel Saliya Peiris, who appeared for the petitioner student, stated that the student is an Islamic follower and he is growing a beard based on his religious beliefs.
He said that two university lecturers had not allowed the student to attend lectures due to his beard and the university administration had refused to give him admission to appear for the final year examination due to the fact that he had not completed the required percentage of participation in the lectures.
The President’s Counsel mentioned that the administration had decided to implement the regulations regarding the dress code of the university students, including the rules regarding shaving, in March last year and this student had been growing a beard since before that.
The President’s Counsel stated that it is unfair and unacceptable to impose regulations that prevent students from acting on the basis of religious beliefs.
The President’s Counsel further said that if his client had been aware of such a regulation earlier, the petitioner would have had the opportunity to study in a private university without enrolling in this university.
He also mentioned that the Faculty Board had no legal authority to impose such regulations.
The Deputy Solicitor General, who appeared for the respondents, stated that many universities in Sri Lanka had prepared a series of guidelines regarding students’ dress code.
Accordingly, Eastern University prepared a series of regulations for students in March and she mentioned that one of the regulations included that the students should shave. She also mentioned that the majority of students’ unions had expressed their consent to these regulations.
After considering the facts, the presiding judge of the Appellate Court stated that if there is a series of regulations for the dress code of university students, they should be informed before admitting students to the university.
The judge also stated that it appears that there has been injustice by suddenly imposing such regulations without such notification.
Accordingly, the Court of Appeal President decided to examine this petition and ordered to recall this petition on September 14.