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Prospective local medical students and parents file human rights petition against KDU
View(s):By Dilushi Wijesinghe
Parents and legal guardians of domestic civilian students who applied or intended to apply for the latest intake of the Bachelor of Medicine, Bachelor of Surgery (MBBS) degree at the Sir John Kotelawala Defence University (KDU) have petitioned the Human Rights Commission (HRC) against the sudden decision to limit the course to cadets and foreigners, calling it “an arbitrary, retroactive denial of legitimate expectations.”
Dated May 29, the complaint by nine persons insists that the move “has resulted in a grave violation of the fundamental rights of the affected students, as enshrined in the Constitution of the Democratic Socialist Republic of Sri Lanka, particularly Article 12(1) of the constitution, which guarantees all persons are equal before the law and are entitled to equal protection of the law, and Article 27(2)(h), which recognises the obligation of the State to ensure the equitable distribution of educational opportunities”.
The fact that foreign nationals are still allowed to apply for the MBBS programme while citizens of Sri Lanka are categorically excluded raises serious concerns of unconstitutional discrimination and suggests a policy bias that is manifestly unfair and irrational, particularly in a context where local students were explicitly invited to apply just days earlier, it continued.
Denying these students access to education not only violates the Constitution, it said, but also goes against Sri Lanka’s international obligations, including the ICESCR, which protects the right to education without
discrimination.
Separately, ten students have filed a fundamental rights (FR) challenge before the Supreme Court (SC) stating that “the complete absence of reasons not only underscores the arbitrary nature of the decision but also offends the fundamental principles of natural justice and procedural fairness. Moreover, the lack of clarity regarding the source, process, or authority by which the impugned decision was made further reinforces its opaque, irregular, and unlawful character.”
The students are seeking Supreme Court intervention, requesting a declaration that their rights under Articles 12(1) and 14(1)(g) of the Constitution have been violated. They are also calling for previously submitted applications to be considered, for others to be allowed to apply, and for an interim order to stay the decision. In addition, they seek the continuation of day scholar enrollments, a refund of application fees, and any further relief the Court may deem appropriate.
The Sunday Times learns that no discussion or meeting has been held on the matter to date, and the KDU board of management has not been informed of the reason behind the decision.
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