SLMC appeals against CA judgment to register SAITM MBBS graduate

IUSF students held a protest march yesterday against SAITM. Police used water cannons and teargas to disperse 

demonstrators. One of the protesting university students is seen here being apprehended by police officers 

                                                                  - Pic by Shehan Gunasekara

The Sri Lanka Medical Council yesterday filed a Leave to Appeal Application in the Supreme Court against the Court of Appeal’s ruling to provisionally register South Asian Institute of Technology and Medicine (SAITM) degree holders.

The Court of Appeal on 31 January ruled that a petitioner, an MBBS graduate of SAITM, had a legal right to be provisionally registered by the medical council since she had fulfilled the necessary requirements under the Medical Ordinance.

Petitioner SLMC cited SAITM MBBS graduate Dhilmi Kasunda Malshani Suriyarachchi, SAITM, Minister of Higher Education and Highways Lakshman Kiriella, the Ministry Secretary, the University Grants Commission and the Minister of Health, Nutrition and Indigenous Medicine Dr. Rajitha Senaratne as respondents.

The Court of Appeal in its judgment granted another relief compelling the medical council to register the petitioner provisionally as a medical practitioner as well as to prevent the medical council from refusing to register the petitioner provisionally as a medical practitioner.

The Court of Appeal allowed the writ petition filed by petitioner SAITM with cost.

It had observed that under the Medical Ordinance, the Minister is empowered to declare by regulation that any provision of the ordinance which enables the holder of that qualification to be registered shall cease to have effect in relation to such institution.

It also observed that that it was clear that under the ordinance, the SLMC was empowered to appoint a committee and on its recommendation, the SLMC may submit its recommendation to the Minister.

However, the role played by the SLMC ends at that point and any steps with regard to the said recommendations of the SLMC will have to be taken up by the Minister under the provisions of the said ordinance.

It is further observed that the SLMC, without any legal basis, exceeded the power conferred on it.