Petition by the Free Lawyers’ Association Against the Postponement of Elections of Deans and Appointments of Heads of Departments
04 January 2026
Senior Professor Kapila Seneviratne, Chairman, University Grants Commission, 20, Ward Place, Colombo 07
By Email and Registered Post
Re: Petition by the Free Lawyers’ Association Against the Postponement of Elections of Deans and Appointments of Heads of Departments
We act on behalf of the Free Lawyers’ Association, comprising members of the legal profession and academics. This petition concerns the UGC’s directive (dated December 2025) postponing all elections of Deans of Faculties and appointments of Heads of Departments in universities under the UGC’s purview, pending proposed amendments to the Universities Act No. 16 of 1978 (as amended).
The directive is unlawful, ultra vires, and contrary to principles of administrative law, university autonomy, and constitutional governance for the following reasons:
1. Absence of Legal Authority
The election of Deans and appointment of Heads of Departments are governed exclusively by the existing provisions of the Universities Act No. 16 of 1978 (as amended). These statutory procedures remain fully in force and binding until any amendments are:
- duly enacted by Parliament,
- certified by the Speaker, and
- brought into operation.
A Cabinet decision, Gazette notification, or the introduction of a Bill in Parliament does not confer authority to suspend or override mandatory statutory processes.
2. Ultra Vires Exercise of Power
The UGC, as a statutory body, possesses only those powers expressly granted by law. Postponing statutory elections and appointments on grounds of anticipated legislative change or administrative convenience exceeds the UGC’s jurisdiction and constitutes arbitrary administrative action.
3. Erosion of University Autonomy and Democratic Governance
Universities in Sri Lanka are vested with a statutory degree of autonomy. The democratic election of Deans and participatory appointment of Heads of Departments are essential to:
- accountable and transparent academic leadership,
- institutional independence, and
- collegial governance.
Indefinite reliance on “acting” arrangements undermines these principles and exposes universities to risks of undue external influence.
4. Constitutional Concerns
The directive raises serious constitutional issues, including:
- infringement of Article 12(1) of the Constitution (equality before the law and equal protection of the law);
- violation of the public trust doctrine binding public institutions; and
- breach of the principles of reasonableness, legality, and procedural fairness in executive and administrative action.
Demands
The University Grants Commission is hereby called upon to:
- Immediately withdraw or rescind the directive postponing the elections and appointments;
- Direct all universities to proceed with the election of Deans and appointment of Heads of Departments strictly in accordance with the prevailing provisions of the Universities Act No. 16 of 1978; and
- Confirm in writing that no statutory processes will be suspended pending unenacted legislative changes.
This petition is made without prejudice to the rights of affected academics, faculties, or institutions to pursue remedies before the appropriate courts, including the Court of Appeal or Supreme Court of Sri Lanka.
