• Takes umbrage with belated announcement of admitting only cadet officers, foreign students 
• Cites retroactive denial of legitimate expectation, violation of constitutional equality, seeks probe  

A group of parents of students who applied to the Bachelor of Medicine, Bachelor of Surgery (MBBS) programme at the General John Kotelawala Defence University (KDU) has lodged a complaint with the Human Rights Commission of Sri Lanka (HRCSL), challenging the sudden decision announced by the Deputy Defence Minister, Major General Aruna Jayasekara (Retd.) that only cadet officers and foreign students would be allowed to the KDU’s Medical Faculty.

In the petition, which was seen by The Daily Morning, the parents, who represent students who sat for last year’s (2024) General Certificate of Education Advanced Level exam this year, claimed that their children applied for the programme in good faith after the KDU officially opened applications on 21 May 2015. They claimed that over 50 students had submitted their applications and paid the required fees within a day, based on the University’s official announcement. Petition states: "The very next day, Jayasekara made a statement in the Parliament, saying that only cadet officers and foreign students would be admitted to the programme. This abrupt policy shift was announced after the admission portal had been opened, and fees collected from the eligible local applicants. The KDU website went offline for nearly two hours after the statement, and when it was back online, the MBBS programme had been removed. A short notice had been posted saying that the existing applications would no longer be considered and that application fees would be refunded in due course."

The parents said that the move amounts to a retroactive denial of the students’ legitimate expectations and has resulted in a serious violation of their Fundamental Rights as guaranteed by the Constitution. They pointed to Article 12(1), which ensures equality before the law, and Article 27(2)(h), which sets out the State’s duty to provide equitable access to education. They also said that the move goes against the principle of legitimate expectation, a concept in administrative law which protects individuals who act in good faith based on official promises or procedures.

In the petition, the parents have requested the HRCSL to conduct an independent investigation into the individuals and institutions responsible for the decision, assess the legality of the exclusion of local students from the programme, instruct the relevant authorities to allow eligible Sri Lankan applicants to be considered, recommend transparent and fair procedures for future university admissions, and to grant any other appropriate relief. They added that they are prepared to provide documents to support their complaint, including application receipts, screenshots of the university website before the changes were made, and related correspondence.

When contacted by The Daily Morning on an earlier occasion, Jayasekara said that Health Minister, Dr. Nalinda Jayatissa would be the most suitable person to comment on the matter, as it is a health-related issue.

However, multiple attempts by The Daily Morning to contact Dr. Jayatissa, the Deputy Health Minister Dr. Hansaka Wijemuni, and the Education and Higher Education Ministry Secretary, Nalaka Kaluwewa proved futile.