The Court of Appeal today (August 4th) ordered the university administration to allow an Islamic student studying at the Eastern University who was banned from appearing for lectures and exams due to his beard to appear for the exams. (Sri Lanka Latest News)
This order was issued by the President of the Court of Appeal, Judge Nishanka Bandula Karunaratne, allowing the hearing of a writ petition submitted by a student named Abdul Rahim Mohammed studying at Eastern University.
The judge issued a notice to the respondents, including the vice chancellor of the University of the East, who have been named as respondents, to appear before the court on the 14th of September.
Speaking on behalf of the petitioner, President’s Attorney Sally Peiris said that her client is a final year student of the Faculty of Nursing at Eastern University.
The president’s lawyer noted that the university administration has refused to allow him to attend lectures and appear for exams because he is a Muslim and has a beard.
He also said that the management has pressured him to remove his beard if it is necessary to appear for the examination and lectures.
The president’s lawyer said that he grows a beard according to his religious beliefs and the university administration has no legal authority to issue orders to cut it off.
Under the University Act, the university administration has no power to impose such a law and the president’s lawyer alleged that such a regulation did not exist when the concerned student entered the university and that due to the imposition of this type of law in the last year, his religious beliefs as well as his educational life have been severely prejudiced. .
He further argued that as a result of this, his client will not be able to appear for the university examination to be held on the 9th.
The government lawyer who appeared for the respondents stated that the university has taken this decision based on a disciplinary decision.
The government lawyer said that the rest of the Islamic students in the concerned university will also comply with this law.
The government lawyer objected to the issuance of an interim order preventing the implementation of this decision taken by the university.
However, after considering the facts presented by both parties, the judge pointed out that such a law had not been enacted by the university when the petitioner entered the university.
In spite of that, the judge mentioned that by imposing a law in this way in the last year, he will be prejudiced.
Accordingly, the President of the Court of Appeal issued an interim order to the respondents including the Vice-Chancellor of the University to allow the concerned student to appear for the examinations to be held on August 9.
From bbc/sinhala website
