Supreme Court Dismisses FR Petitions Challenging 2020 ASP Promotions

The Supreme Court has dismissed seven Fundamental Rights (FR) petitions filed by 145 Chief Inspectors of Police challenging promotions to the rank of Assistant Superintendent of Police (ASP) based on applications called in 2020.

The decision was delivered following an extended hearing by a three-judge bench comprising Justice Preethi Padman Surasena, with the concurrence of Justices Mahinda Samayawardena and Sampath Wijeratne.

The petitions arose from an announcement issued by the Inspector General of Police on January 31, 2020, calling for applications for promotion to the rank of ASP. The petitioners alleged that although the Public Service Commission (PSC) conducted interviews and granted promotions, they were denied promotion despite meeting all required qualifications.

They further claimed that the PSC had acknowledged errors in the interview marks awarded to candidates and had later amended those marks. According to the petitioners, the Commission lacked legal authority to alter the marks after they were initially awarded, and the changes had caused them serious prejudice. Several additional allegations of unfair treatment were also raised.

During the proceedings, the Supreme Court called for the interview mark sheets to examine the relevant facts.

In its judgment, the Court noted that while the petitioners alleged unlawful alteration of marks, the Secretary to the Public Service Commission had provided a clear and satisfactory explanation for the changes. The Court accepted that the process followed by the Commission was lawful.

The judgment further stated that the petitioners failed to establish any violation of their fundamental rights and that the arguments advanced lacked legal merit.

Accordingly, the Supreme Court dismissed all seven petitions without costs, ruling that there were no reasonable grounds to grant the relief sought.