SAITM graduate SC affirms Appeal Court ruling

Published : 12:01 am  September 22, 2018 | No comments so far |  |  (94) reads | 
  • SLMC appeal against ruling dismissed

 

By T. Farook Thajudeen 


The Supreme Court yesterday upheld the Court of Appeal judgment on January 31 directing that an MBBS graduate of South Asian Institute of Technology and Medicine Limited (SAITM) be registered.  

Petitioner Dilini Sooriyaarachchi, an MBBS graduate of SAITM had sought the Court of Appeal to direct the Sri Lanka Medical Council to register her as an Allopathic Medical Practitioner on the basis that she had obtained the MBBS qualifications. However, the Council had refused to enroll her as a medical practitioner on the basis that the degree had been obtained from SAITM. This resulted in Ms. Sooriyaarachchi seeking an Appeal Court order to register her as a Medical practitioner in the records of the SLMC.   


A Supreme Court Bench comprising Chief Justice Priyasad Dep PC and Justice Prasanna Jayawardana PC dismissed the petition filed by the Sri Lanka Medical Council (SLMC) challenging the judgment of the Court of Appeal and ordered the SLMC to register the MBBS graduate conditionally as a medical practitioner in terms of section 29(2) of the Medical Ordinance.  The Supreme Court held that SLMC is a creature of a statute and was obliged to follow the law. The Court directed that provisional registration be given to the Petitioner without delay. And also directed that the Petitioner be provided with all the rights consequent to such registration .   


The SC said the wrongful action of the SLMC had delayed the rights of the petitioner causing her anguish and considerable expense. In the circumstances the SC ordered the SLMC to pay the petitioner Rs.100,000 as costs. Mr Romesh de Silva PC with Sugath Caldera and Niran Ankatell appeared for the aggrieved student.   


Manohara de Silva PC appeared for the SLMC, Gamini Marapone PC with Navin Marapone for the GMOA and senior ASG Sanjaya Rajaratnam PC appeared for the Minister of Health and Minister of Higher Education . 

 

  • Petitioner Dilini Sooriyaarachchi, a MBBS graduate of SAITM had sought  the Court of Appeal to direct the Sri Lanka Medical Council to register  her as an Allopathic Medical Practitioner on the basis that she had  obtained the MBBS qualifications