SLMC’s appeal challenging SAITM order fixed for support

Lakmal Sooriyagoda

The Supreme Court fixed the Appeal filed by Sri Lanka Medical Council (SLMC) for support on June 22, challenging the judgment of 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.

When the appeal was taken up before three-judge-bench headed by Chief Justice Priyasath Dep, the matter was fixed for support.

Meanwhile, President's Counsel Gamini Marapana with counsel Navin Marapana and Ravindranath Dabare appearing on behalf of Government Medical Officers' Association (GMOA) sought Court's permission to intervene into the appeal.

Through this appeal petition, the SLMC sought an order to set aside the judgment dated January 31, by Court of Appeal.

The petitioner further sought an interim order to stay the operation of the judgment made in the writ application bearing No.CA Writ 187/2016 by Court of Appeal.

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 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 judgment, 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.

President's Counsel Manohara de Silva appeared for the SLMC.

President's Counsel Romesh de Silva with Sugath Caldera appeared for the respondent.

Additional Solicitor General Sanjay Rajaratnam appeared on behalf of the Attorney General.