The Court of Appeal determined on January 31, that medical students graduating from the SAITM Private Medical College in Malabe have the right to provisionally register with the Sri Lanka Medical Council.
The order was issued after considering a petition filed by SAITM graduate Dilmi Kasunda Malshini Sooriyarachchi.
The case was heard before Court of Appeal President Justice Vijith Malalgoda and Justice S. Thurairajah.
The petition cited the Sri Lanka Medical Council as the first respondent, SAITM as the second respondent, the Ministry of Higher Education as the third respondent, the UGC as the fifth respondent and the Minister of Health as the sixth respondent.
Court held that the petitioner has a legal right for the performance of a legal duty from the Sri Lanka Medical Council (first respondent), to provisionally register her under Section 29 (2) of the Medical Ordinance as amended, since she has fulfilled the necessary requirements under the said Ordinance.
Accordingly, Court granted a writ of Certiorari quashing the decision of the Sri Lanka Medical Council to refuse provisional registration to the petitioner, a writ of Mandamus compelling the Sri Lanka Medical Council to register the petitioner provisionally as a medical practitioner in terms of Section 29 (2) of the Medical Ordinance as amended and a writ of prohibition preventing the Sri Lanka Medical Council from refusing to register the petitioner provisionally as a medical practitioner in terms of Section 29 (2) of the Medical Ordinance as amended.
President’s Counsel Romesh de Silva appeared for the petitioner while President’s Counsel Ikram Mohomed appeared for the first respondent and President’s Counsel Faisz Mustapha appeared for the second respondent.
A student at the SAITM expressed his views to the media noting that the Sri Lanka Medical Council should grant them provisional registration.
Attorney-at-Law T. M. Tennakoon also expressed his views saying that overseas travel for medical education purposes can be hauled and as a result the country’s resources and money will remain in the country, as the degree can be obtained from Sri Lanka itself.
“As a free nation we commend the free education which has been given to us living in this country. We see this as an important milestone”, he added.
The Secretary at the Government Medical Officers’ Association (GMOA) Dr. Navin de Zoysa expressed criticism stating the SAITM students do not have the required standard to provide medical services in the country’s health sector.
Furthermore, he said they have decided to convene an emergency central working committee meeting which will be a crucial one where several important decisions will be taken on behalf of the patients of the country.
A group including state university medical students and officials of the Government Medical Officers’ Association were present in the court premises when the order was issued.
A small group staged a silent protest close to the court complex, against the right for SAITM students to provisionally register with the Sri Lanka Medical Council.
Meanwhile, several other protest movements were held in different areas including the National Hospital in Colombo.
Nov 06, 2017 0