Dayawathie and Others v. Dr. M. Fernando and Others – sllr 1988 volume 1 page 371

In the case between Dayawathie and Others (petitioners, primarily nurses and union members) and Dr. M. Fernando and Others (respondents, including Ministry of Health officials), the court examined the constitutionality of excluding nurses from a post-basic training course based on participation in trade union activities. The petitioners, though having superior marks, were denied selection due to involvement in a strike, invoking alleged violations of equality and non-discrimination under Articles 12(1) and 12(2) of the Constitution. The court held that the exclusion was not founded on a bona fide or rational classification, as similar conduct by doctors and dental surgeons did not result in comparable sanctions. It was concluded that the classification was arbitrary and violated the petiti