Colombo, 5 February 2026 — The Supreme Court of Sri Lanka has delivered a landmark judgment reinforcing the constitutional right to equality in access to higher education, ruling that the University Grants Commission (UGC) violated a student’s fundamental rights by rejecting his application under the Students with Foreign Qualifications category.
The case concerned a Sri Lankan student who completed his advanced level studies in Moscow while accompanying his father, a Sri Lanka Air Force officer serving as Defence Advisor to the Sri Lankan Embassy. The student obtained excellent results at the CBSE Senior School Certificate Examination and applied for admission to a medical faculty in a State university under the special concession available to children of Sri Lankan diplomatic personnel.
Despite his strong academic performance and recognized qualifications, the UGC rejected his application on the basis that he had not completed three academic years of study abroad, as required by the Foreign Admissions Handbook. The student subsequently filed a Fundamental Rights petition before the Supreme Court.
Key Findings
The Supreme Court determined that the petitioner’s foreign qualifications are equivalent to the G.C.E. Advanced Level in Sri Lanka and that his father qualifies as diplomatic personnel under existing UGC criteria. The Court held that a rigid application of the three-year study requirement failed to consider that some government officers serve abroad for shorter, fixed terms.
The Court further ruled that once officers are placed within the same diplomatic category, their children must be treated equally. Denying eligibility based on assignment length—beyond the child’s control—amounts to discrimination.
The judgment emphasized that the purpose of the special admission scheme is to minimize educational disruption for children accompanying parents on foreign assignments and to ensure equal access to higher education opportunities.
Court Order and Significance
The Court found the UGC’s decision arbitrary and unreasonable, violating the student’s right to equality under Article 12(1) of the Constitution. It directed the UGC to admit the petitioner to a Faculty of Medicine in a State university without delay and made no order for costs.
This judgment is a strong affirmation of equal protection under the law and a positive step for students’ rights in Sri Lanka. It underscores the duty of public institutions to apply policies fairly, rationally, and in line with constitutional principles. The decision stands as a progressive development for educational justice and equality in Sri Lanka.