Fundamental rights breach -Potential violation of equality and liberty. Legitimate expectation -Effect of past practice on transfer rights.-Administrative unit classification -Whether hospitals count as one institution.
Dr Sobhitha Rajakaruna J. – It was determined that DGH Matara and New DGH Kamburugamuwa function as a single administrative unit, and therefore are not distinct institutions for the purpose of annual transfers. The evidence, including General Circular No. 01‑46/2017, demonstrated a unified identification scheme, negating any legitimate expectation of separate treatment. No proof was found of arbitrariness, excess of jurisdiction, or violation of natural justice. Consequently, the petitioner’s claim that her fundamental rights under Article 12(1) were breached was dismissed.
SC FR 171/2024Lasantha Ganewatte v Dr. Asela Gunawardena, Director General of Health Services and others