CA disallows intervenient petitions in Writ application against SLMC

Thursday, 6 October 2016 01:06 -     - {{hitsCtrl.values.hits}}

By S.S.Selvanayagam

The Court of Appeal yesterday rejected requests made by different parties to intervene into the Writ petition filed by an MBBS graduate student of the South Asian Institute of Technology and Medicine (SAITM) seeking an order from the Court to compel the Sri Lanka Medical Council (SLMC) to register him as medical practitioner. 

The matter came up before Justice P.Padman Surasena who referred the main application to the President of the Court of Appeal, Justice Vijith K.Malalgoda to fix the date for hearing. 

The Writ petition filed by the MBBS graduate student of SAITM was re-fixed for hearing on 8 and 10 November. The objections are to be filed within two weeks and the counter objections within a week thereafter. The Bench comprised of Justices Vijith K.Malalgoda (President/CA) and S.Thurairajah. 

The SAITM graduate is seeking for the Court to quash the decision of the SLMC to refuse provisionally, registration to him. He is also asking for Interim Reliefs directing the SLMC to register him provisionally as a medical practitioner pending the hearing and determination of his application. 

The Court on 2 August observed that several parties have come to court to intervene namely the Medical Council Registrar, Government Medical Officers Association, President and Secretary of the Government Dental Surgeon Association, All Ceylon Medical Officers Association, three students from SAITM and three Members of the General public.

The Court had observed that this matter has already been fixed for argument, considering the nature of the application and the parties who are before the Court have agreed to file Written Submissions with regard to the intervention since the petitioners are objecting to the intervention of all these parties to this case.

The petitioner cited the SLMC, SAITM, the Minister of Higher Education & Highways Lakshman Kiriella, the Ministry Secretary, the University Grants Commission, and the Minister of Health, Nutrition & Indigenous Medicine Dr Rajith Senartne as respondents. The GMOA and two others filed Intervenient Petitions. Romesh de Silva PC with Sugath Caldera appeared for the petitioner. Ikram Mohamed PC appeared for the SLMC. Chanthani Liyanapatabendi with Ravendranath Dabare appeared for the GMOA. Faisz Musthapha PC with Faiza Markar and Riad Ameen instructed by Gowry Shangary Thavarasha appeared for SAITM. Additional Solicitor General Sanjay Rajaratnam appeared for the Minister of Higher Education & Highways, the University Grant Commission and the Minister of Health as well as the Attorney General.