GMOA allowed to intervene into SAITM appeal at SC

The Supreme Court allowed the GMOA to intervene during the Supreme Court inquiry into the appeal filed by the Sri Lanka Medical Council yesterday.

The application was supported on Wednesday before Supreme Court Judges Buwaneika Aluvihare, Sisira De Abrew and Anil Gunaratne by President’s Counsel Gamini Marapone appearing with Navin Marapana and Ravindranath Dabare on behalf of the the Government Medical Officers Association

The GMOA had earlier sought the Supreme Court’s permission to intervene into the Appeal filed by the Sri Lanka Medical Council (SLMC) contesting the ruling of Court of Appeal.

The Court of Appeal ruled following a trial that the petitioner in that case a SAITM University student who had graduated in MBBS was entitled to register as an MBBS qualified medical practitioner in terms of Section 29(2) of the Medical Ordinance. The GMOA and several medical students challenging the Appeal Court order sought the SC’S permission to intervene into the appeal.

The SLMC sought an order to set aside the judgment dated January 31, 2017 by Court of Appeal and an interim order to stay the functioning of the judgment made by the Court of Appeal in the writ application.

The GMOA had earlier sought the Supreme Court’s permission to intervene into the Appeal filed by the Sri Lanka Medical Council (SLMC) contesting the ruling of Court of Appeal

The Court of Appeal after inquiring a writ petition filed by a student of SAITM on January 31 ruled that the SAITM was empowered to grant MBBS degrees.

The Court also had observed that the petitioner has legal rights to register at the SLMC as a medical practitioner in accordance with the Medical Ordinance in terms of section 29 (2) of the Medical Ordinance.

The Court of Appeal further asserted that on August 30, 2011, the former Higher Education Minister had accepted SAITM as a degree awarding institute in terms of section 25 (A) of the Universities Act No. 16 of 1978.

It was also said that the SLMC had violated Section 19 of the Medical Ordinance when making regulations relating to SAITM. Counsel Theshya Weragoda appeared for the student of the SAITM

President’s Counsel Faiz Musthapha appeared for SAITM.