The Supreme Court of Sri Lanka has granted leave to proceed with a fundamental rights petition filed by two women who allege that a decision by the Sri Lanka Railways Department to allow only male applicants for the position of railway station master violates their basic human rights.
The petitioners, Ayeshani Jayawardena and Suresh Vidusha, argue that the male-only restriction imposed in a recruitment gazette notice constitutes a clear breach of their constitutional rights to equality before the law and freedom from gender-based discrimination, as guaranteed under Articles 12(1) and 12(2) of the Constitution.
A three-judge bench comprising Justices A.H.M.D. Nawaz, Priyantha Fernando, and Sampath Wijeratne issued the order permitting the case to proceed. The matter has been scheduled for hearing on 27 August.
Representing the petitioners, Attorney-at-Law Nuwan Bopage informed the court that the Sri Lanka Railways Department issued a gazette notification on 13 June, calling for applications to fill 106 vacancies for the position of railway station master. However, the notice explicitly stated that only male candidates were eligible to apply, despite listing general educational and professional qualifications.
Counsel Bopage argued that this restriction was arbitrary, unconstitutional, and contrary to fundamental principles of non-discrimination and equal opportunity. He further stated that the gazette violated the petitioners’ freedom to pursue a career of their choice, which is a basic right afforded to all citizens.
The petition seeks two key remedies:
- A declaration that the gazette violates the petitioners’ fundamental rights.
- A court order removing the clause that restricts the application process to male candidates only.
After considering the submissions, the bench ruled that a formal hearing will be held to determine whether the gazette notification infringes upon the fundamental rights of the petitioners.
