Madras High Court: Non-Citizens Cannot Be Fired Solely for Nationality, Relief to Sri Lankan Refugee
Court says Article 14 protects refugees against arbitrary and discriminatory state action
SBI’s termination order quashed; non-citizens can file writ petitions against unfair state decisions
By Our Legal Correspondent
New Delhi: January 28, 2026:
In a landmark judgment, the Madras High Court has held that non-citizens, including registered refugees, cannot be terminated from service merely because of their nationality. The ruling came in the case of G. Thirukalyanamalar, a Sri Lankan Tamil refugee employed with the State Bank of India (SBI), whose services were terminated in 2013 on the ground that she was not an Indian citizen.
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Justice Hemant Chandangoudar quashed the termination order, calling it arbitrary, unreasonable, and violative of the right to equality under Article 14. The judgment is significant as it clarifies that while certain fundamental rights are reserved for citizens, non-citizens are also entitled to protection against discriminatory state action.
Case Background
- Employee: G. Thirukalyanamalar, a registered Sri Lankan Tamil refugee.
- Appointment: Joined SBI in 2008 as Officer – Marketing and Recovery.
- Termination: In 2013, SBI terminated her services citing nationality, as the recruitment advertisement had invited applications only from Indian citizens.
- Legal Challenge: Thirukalyanamalar filed a writ petition challenging the termination.
- Court’s Decision: The Madras High Court set aside the termination, ruling that nationality alone cannot be a valid ground for dismissal.
Court’s Observations
- Article 14 Protection
- Refugees are entitled to invoke constitutional protection against arbitrary and discriminatory state action.
- Equality before law applies to all persons, not just citizens.
- Scope of Writ Jurisdiction
- Non-citizens can file writ petitions under Article 226 if state action is arbitrary or violates Articles 14 and 21.
- However, rights under Articles 15, 16, and 19 are reserved for citizens.
- Employment Rights
- The court noted that Thirukalyanamalar was lawfully appointed and had served for years without objection.
- Termination solely on nationality was discriminatory and unjustified.
Wider Legal Context
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- Fundamental Rights:
- Articles 14 and 21 apply to all persons, including non-citizens.
- Articles 15, 16, and 19 are exclusive to citizens.
- Refugee Rights in India:
- India does not have a specific refugee law but provides rehabilitation schemes for Sri Lankan Tamil refugees.
- These include shelter, education, and livelihood support.
- Judicial Precedents:
- Courts have consistently held that non-citizens cannot be denied equality before law.
- This ruling strengthens the principle of non-discrimination in employment.
Implications of the Judgment
- For Refugees: Reinforces their right to equality and protection against arbitrary state action.
- For Employers: Clarifies that nationality alone cannot justify termination if the appointment was lawful.
- For Judiciary: Sets a precedent for similar cases involving non-citizens and employment rights.
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Conclusion
The Madras High Court’s ruling is a progressive step in safeguarding the rights of refugees and non-citizens in India. By quashing SBI’s termination order, the court reaffirmed that equality before law is a universal principle. While certain rights remain exclusive to citizens, non-citizens cannot be subjected to arbitrary or discriminatory state action. This judgment strengthens India’s constitutional framework and sends a clear message that justice must be upheld for all, regardless of nationality.
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