Ministerial Committee to ascertain possibility of SAITM settlement

• Special appeal in Supreme Court deferred today

 By S.S. Selvanayagam

The Supreme Court was told that a ministerial committee was set up by the President to ascertain the possibility of a settlement on the (South Asian Institute of Technology and Medicine) SAITM issue.

Counsel Romesh de Silva, appearing for the SAITM student, in his submission yesterday maintained that the judgment of the Court of Appeal was right and pleaded that the application for Special Leave to Appeal against the Court of Appeal should be dismissed.

The bench comprising Justices B.P. Aluvihare, Sisira J. de Abrew and Anil Goonerate fixed the matter to be resumed today.

The petition for Special Leave to Appeal was filed by the Sri Lanka Medical Council against the judgment of the Court of Appeal contesting its verdict to provisionally register SAITM degree-holders.

The Court of Appeal on 31 January in its judgment ruled that the petitioner, an MBBS graduate student of the South Asian Institute of Technology and Medicine (SAITM), has a legal right to provisionally register with the Medical Council since she has fulfilled the necessary requirements under the Medical Ordinance.

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

Gamini Marapana PC with Navin Marapana instructed by Ravindranath Dabare appeared for the intervenient Petitioner the GMOA. Manohara de Silva PC with Avinda Wijesundra appeared for the Respondent-Petitioner SLMC. Romesh de Silva PC with Sugath Caldera and Niran Anketell appeared for the Petitioner-Respondent Dhilmi Kasunda Malshani Suriyarachchi. Faisz Musthapha PC with Riad Amen and Faisza Markar appeared for SAITM. Additional Solicitor General Sanjay Rajaratnam with State Counsel Nayomi Kahawita appeared for the Higher Education Minister, UGC and Health Minister.

The Court of Appeal in its judgment granted further 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 an 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 by the Minister under the provisions of the ordinance.

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