SLMC non-registration of SAITM grads: Two cases in court

Two cases were taken up before the Supreme Court and the Appeal Court seeking to remove barriers for the South Asia Institute of Technology and Medicine (SAITM) medical graduates to get provisional registration with the Sri Lanka Medical Council (SLMC) enabling them to complete the one year compulsory internship at Government hospitals and be recruited into the Health Service as Medical Officers.

The SAITM had not challenged the recommendation of the SLMC to the Health Ministry that the degrees awarded by the SAITM should not be recognized for the purpose of provisional registration since it lacked the prescribed standards, said the Government Medical Officers' Association (GMOA) seeking to intervene in the case in the Court of Appeal, that sought to get provisional registration for the SAITM graduates to complete the one year compulsory internship in Government hospitals.

The GMOA further argued that SAITM had not been recognised as a degree awarding institute by the SLMC which is the professional body.

Apart from the GMOA, the Government Dental Surgeons’ Association and two individuals who were also patients filed petitions in the court to intervene in the instant case filed by petitioner Dhilmi Kasunda Suriyaarachchi of Piliyandala.

The Bench comprising Justice Vijith Malalgoda (President) and Justice Preethi Padman Surasena fixed these intervenient petitions for support on August 2.

President’s Counsel Romesh de Silva for the petitioner told court that the Higher Education Ministry has identified the SAITM as a degree awarding institution. The petitioner obtained the MBBS degree from SAITM and the petitioner is entitled to get provisional registration under the Medical Ordinance to acquire the necessary experience in Government hospitals .

The President’s Counsel argued that the SLMC unlawfully acting ultra vires of its powers denying the petitioner of her provisional registration as a medical practitioner.

President’s Counsel Romesh de Silva with Sugath Caldera appeared for the petitioner. President’s Counsel Ikram Mohammed appeared for the SLMC. Senior Counsel Ravindranath Dabare sought the intervention on behalf of the GMOA.

Deputy Solicior General Saheeda Bari asked for time till September 22, to discuss with the relevant authorities to amend the medical service minutes published in the government gazette to include medical graduates of degree awarding institutions for recruitment as medical officers to Government hospitals.

The Deputy Solicitor General told the Bench comprising Chief Justice K. Sripavan and Justice Anil Gooneratne that she needed to discuss with the Secretary to the Ministry of Health, the Public Service Commission, the Sri Lanka Medical Council with regard to the issue and moved for a date.

Petitioners W.K. Dilshan Sampath of Matara and H.K. Thushani Haputhanthri of Kaduwela North - two undergraduates of the SAITM - who were willing to enter the Health Service as medical officers, filed the petition.

They alleged the medical service minutes published in the gazette dated October 11, 2014 which set out the qualifications for the recruitment of Medical Officers only included the medical practitioners who held medical degrees from State and recognized foreign universities but excluded those who held them from local degree awarding institutions.

The criteria was discriminatory complained the petitioners.

President’s Counsel Faiz Musthapha appeared for the petitioners.