National Hospital Acting Director’s FR application irreconcilable — PSC Counsel to Supreme Court

PSC one of the few independent bodies in the country can’t be pressurised by the Health Ministry: Counsel

The Fundamental Rights (FR) Petition of Dr. Sujatha Senratne, who is covering up for the Director, National Hospital, could not be settled, the Public Services Commission (PSC) informed the Supreme Court.

Romesh de Silva P.C. appearing for the PSC, informed the opinion of the PSC, that it could not cancel the circular, and re-advertise the post of Director, National Hospital, as the circular is in line with the Service Minutes and the Gazette notification.

He further submitted that the particular circular had been used since 2010 to appoint four Deputy Directors. He pointed out that, there had not been a single complaint regarding these circulars, and even the Petitioner, in her Petition, did not complain of any such flaws in respect of the circular, while nobody has challenged the circular on that ground that it was flawed, until recently, the counsel argued.

Counsel for the PSC pointed out that the PSC was one the few independent bodies in the country, which could not be pressurised by the Health Ministry, though the Petitioner was a wife of a senior minister.

“If the circular is to be cancelled and a new advertisement published, all the previous circulars since 2010 should also be nullified, and the appointments made on that basis too, would have to be annulled. If such steps are taken, the country’s health service would be in a chaotic situation,” he argued.

Counsel reiterated that the PSC could not entertain the Petitioner’s late application, as it would open the flood gates to such late applications, citing various excuses.

As there was no possibility of a settlement, the FR plea was fixed for argument on March 12, 2012.

At the last hearing, court called for the views of the PSC on the issue of a fresh circular calling for applications to fill the position of Director, National Hospital.

Court suggested the possibility of a fresh advertisement for the vacant position, following the submission by Deputy Solicitor General Indika Demuni de Silva, appearing for the Ministry of Health. She told court that two sections of the impugned circular issued earlier were flawed.

The DSG also submitted that the PSC refused the suggestion of the Health Ministry Secretary, as 1st Respondent, to publish a fresh circular, because that would need to get Cabinet approval.

The DSG confirmed the PSC’S undertaking not to fill the position of Director, National Hospital, until March 13.

Petitioner Dr. Sujatha Senaratne complained to court that her FR had been violated, as she had been deprived of applying for the post, for which she covered up duties. She sought court order enabling her to apply for the post.

According to the Petitioner, she had been covering up for the Director, National Hospital since it had fallen vacant on July 7, 2011. Later, she had gone abroad for six weeks. On her return, she found the vacant position had been advertised, and the closing date for applications had lapsed.

Petitioner alleged that the circular inviting applications for the post, had not been forwarded to her office, and failure of the Respondents to notify her of the vacancy, was in violation of her FR.

If the circular is to be cancelled and a new advertisement published, all the previous circulars since 2010 should also be nullified, and the appointments made on that basis too, would have to be annulled.”