SC affirms foreign university graduates are proud citizens of this country too

The petitioners were graduates with bachelor’s degrees awarded by various foreign universities

By Lakmal Sooriyagoda  

The Supreme Court, in a judgment relating to a Fundamental Rights petition filed by 66 graduates holding bachelor’s degrees from various foreign universities, observed that just as much as those who graduate from State universities, foreign university graduates too are proud citizens of this country.  

The Supreme Court declared that the former Secretary to the Ministry of Public Services J.J. Rathnasiri violated the fundamental rights of 66 graduates by rejecting their applications for placement under the Government’s 2020 “Scheme to provide training and employment to unemployed graduates.”  

A three-judge bench comprising Justice Yasantha Kodagoda and Justice Achala Wengappuli, with Justice Arjuna Obeyesekere delivering the judgment, held that the exclusion of the petitioners, solely on the basis that their bachelor’s degrees were awarded by foreign universities constituted a violation of Article 12(1) of the Constitution, which guarantees equality before the law. The Court ordered the State to pay Rs. 5,000 to each petitioner as nominal costs.  

The petitioners were graduates with bachelor’s degrees awarded by various foreign universities. According to the petition, several had obtained degrees from Indian universities through scholarships awarded by the Ministry of Higher Education and the High Commission of India in Sri Lanka. Others had pursued their studies as internal students at foreign institutions, while some had completed external degree programmes conducted in Sri Lanka through affiliated educational bodies.  

Their applications under the 2020 graduate training and employment scheme were rejected on the basis that their qualifications were not from local universities.  

The petitioners sought an order to recognise them as trainee graduates with effect from 16 August 2020. However, the Court observed that five years had passed, making such a directive impractical at this stage.  

The judgment noted that a Cabinet Memorandum submitted by the Attorney General reflects ongoing consideration of broader issues relating to the recruitment of graduates to the public sector. In this context, the Court directed the current Secretary to the Ministry of Public Administration to bring the principles of the judgment based on a draft prepared by the Attorney General to the attention of the Secretary to the Cabinet of Ministers.  

The Cabinet has been asked to consider appropriate steps to address the injustice caused to the petitioners and to provide suitable redress.  

The Court stressed that the petitioners, like graduates from state universities, are “proud citizens of this country” and should not have been subjected to arbitrary or discriminatory treatment on account of where their degrees were obtained.  

The petitioners argued that the rejection of their applications solely because their degrees were foreign-awarded amounted to discrimination and violated their constitutional rights. The Supreme Court upheld this position, ruling that the exclusion lacked any rational basis and infringed upon their right to equality and their freedom to engage in lawful employment.  

Senior Counsel Shantha Jayawardena with Hirannya Damunupola appeared for the Petitioners. Deputy Solicitor General Yuresha De Silva with Senior State Counsel Sabrina Ahamed appeared for the Respondents.