DR. PERERA V. JUSTICE PERERA AND 11 OTHERS

DR. PERERA V. JUSTICE PERERA AND 11 OTHERS

SUPREME COURT
DR. SHIRANI A..BANDARANAYAKE, J.,
WTNAYAKE P.C., J. AND
IMAM. J.
S.C. (F.R.) APPLICATION NO. 598/2008
JULY 5TH 2010

Fundamental Right - Constitution - Article 12(1) - Right to equality - All persons are equal before the law?

The Petitioner, a Senior Consultant of the Department of Secondary and Tertiary Education of the Faculty of Education, Open University of Sri Lanka, alleged that the purported directions of the 1st to 9th Respondents not to re-instate the Petitioner in the public service and not to release the Petitioner to the Open University until and unless the Petitioner pays to the State the cost of his foreign studies funded by the Government, are arbitrary, irrational and unreasonable and in violation of the Petitioner's fundamental rights guaranteed in terms of Article 12(1) of the Constitution.

Held:

(1) Equality before the law does not mean that all should be treated alike or that the same law should be applicable to all persons. What is meant is that equals should be treated equally and similar laws should be applicable to persons, who are simi

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