SLMC challenges court of appeal order | Daily News


 

SLMC challenges court of appeal order

The Sri Lanka Medical Council (SLMC) yesterday filed an appeal in the Supreme Court challenging the judgement of the Court of Appeal to register a student of South Asian Institute of Technology and Medicine Limited (SAITM) in Malabe, provisionally, as a medical practitioner in terms of section 29(2) of the Medical Ordinance.

Through this appeal petition, the SLMC sought an order to set aside the judgement dated January 31, 2017 by the Court of Appeal. The petitioner further sought an interim order to stay the operation of the judgement made in the writ application bearing No.CA Writ 187/2016, by the Court of Appeal.

In this petition, the SLMC had cited Dhilmi Kasunda Malshani Suriyarachchi, a MBBS graduate of SAITM, the SAITM, the Minister of Higher Education and Highways, the Secretary to the Ministry of Higher Education and Highways, the University Grants Commission and the Minister of Health as respondents.

Delivering its judgment on the writ petition filed by a MBBS graduate of the South Asian Institute of Technology and Medicine Limited (SAITM) in Malabe, the Court of Appeal on January 31 held that SAITM is empowered to grant MBBS degrees and further held that the petitioner has legal rights to register at the Sri Lanka Medical Council (SLMC) as a medical practitioner in accordance with the Medical Ordinance. Court of Appeal Justice Vijith Malalgoda (President) and Justice S. Thurairajah had observed that the petitioner, a MBBS graduate of SAITM, has no obstacle to register at SLMC as a medical practitioner in terms of the section 29 (2) of the Medical Ordinance. The Court of Appeal observed that on or around August 30, 2011, the former Higher Education Minister recognised SAITM as a degree awarding institute in terms of section 25 (A) of the Universities Act No. 16 of 1978.

The Court of Appeal further observed that the Higher Education Minister has not taken any steps to revoke the concerned decision in terms of the section 27 of the said Act.

“The SAITM is empowered to grant MBBS degree,” the Court observed.

In its judgement, the Court of Appeal observed that the SLMC has no power to take over the functions of the Higher Education Minister and further observed that the SLMC had acted in violation of Section 19 of the Medical Ordinance when making regulations relating to SAITM. The Court further held that the SLMC had acted in violation of the Medical Ordinance without having any power to do so. Accordingly, the writ petition was allowed with cost.

The Court of Appeal had made this order pursuant to writ petition filed by Dhilmi Kasunda Malshani Suriyarachchi, a MBBS graduate of SAITM.


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There are 3 Comments

SLMC lost its credibility when as a govt. body, it came under the muscle power of the TU GMOA thus violating the Medical Ordinance which is expected to build up medicine for the nation and not destroy legal SAITM with an outdated 2 year old inspection team report. It also twisted the report, omitted the recommendations, and publicized it and is now presenting it to courts as truth, totally forgetting that it has a higher authority in a Ministry, whose powers it cannot usurp and hence the verdict. Street marches will now increase to threaten the judiciary, but as opposed to SLMC utopia, we are still a democracy, where every citizen has a right to their education unhindered by hooligans. Deans of SLMC are bizzare through fear, 1st suggesting closure, then ERPM illegal, then their own brand of special exam hoping to fail students as usual, and then clinical training in hospitals controlled by GMOA knowing very well that it will not work. Deans have no practical common sense to allow verdict of internship where everything can be ironed out with justice. Now they want to release injustice again with help of TU street marches against govt. as well. All their efforts to create chaos will come to naught and justice will prevail for the falsely accused well trained SAITM doctors.

SLMC negativity is their thinking that SAITM can never be improved. That violates Council integrity obstructing a legal Institute. All local MBBS so far have been registered automatically with SLMC The block placed is an outdated inspection report.

SLMC outlaw carlo repeatedly said he is not going to register these saitm graduates even if the courts give orders. If so why should he goes to the same courts for an appeal ? He already knows his decision. He challenges rule of law and natural justice just because he is the head of a statutory body and he has the medical mafia power of taking poor patients to ransom ! If supreme court gives the same decision is he going to create another street terrorism against the verdict?. This should be ended. We being lawful citizens of the country still believe the courts system and always obey the law. We expect the justice once again and looking forward for the supreme court decision. If SLMC appeal it should accept the ultimate court decision whether it will be in favour of them or not. Otherwise it is a waist of time.

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