SC to hear fmr. Moscow Defence Attache’s son’s FR on university admission

• The Petitioner schooled in Moscow where he completed the equivalence of the Advanced Level examination at the Indian School in Moscow and obtained 4 A grades
• He had been rejected admission under the scheme allowed for Diplomatic staff

The Supreme Court is scheduled to hear a Fundamental Rights petition filed by the son of the former Defence Attaché to Moscow, challenging the decision of the University Grants Commission decision to not accept his application to local universities.   

The Petitioner, Damsith Jayarathne whilst being a student of Royal College had accompanied his father Group Captain Saroj Jayarathne together with his family when he was appointed as Defense Attaché to Moscow in July 2023.   

The Petitioner thereafter schooled in Moscow where he completed the equivalence of the Advanced Level examination at the Indian School in Moscow and obtained 4 A grades.   

The University Grants Commission permits students with Foreign Advanced Level equivalent qualifications to be admitted into Sri Lankan universities with the payment of a fee, if the children study for a continuous period of three years overseas .   

The Petition said that, the University Grants Commission made exceptions for children of those in diplomatic service including for those recalled back to Sri Lanka due to exigencies of service in two years to enter University under this category.   

The Petitioner said that however, due to his father’s original posting being for two years and because he was not recalled as a result during which time he completed the Advanced Level equivalent exam, the Petitioner had been rejected admission under the scheme allowed for Diplomatic staff.   

The Petition said that many children of Defence attaches who are posted for a period of only two years aren’t allowed university entrance as a result.   

The Supreme Court granted leave to appeal in the matter on October 13, 2025 and argument was scheduled to be heard on November 28. 2025.   

However, owing to the Public holiday, the case was not taken up on that day. It was thereafter heard on December 10, 2025 and was postponed to January 12, next year on priority hearing.   

Counsel Hafeel Farisz with Nishika Fonseka represented the Petitioner student, and Deputy Solicitor General Ganga Waakishtaarachi represented the University Grants Commission.