SAITM medical degree lawful: Court of Appeal

Delivering its judgement on the writ petition filed by a MBBS graduate of the South Asian Institute of Technology and Medicine Limited (SAITM) in Malabe, the Court of Appeal yesterday held that SAITM is empowered to grant MBBS degrees and further held that the petitioner has legal rights to register at the Sri Lanka Medical Council (SLMC) as a medical practitioner in accordance with the Medical Ordinance.

Court of Appeal Justice Vijith Malalgoda (President) and Justice S. Thurairajah observed that the petitioner, a MBBS graduate of SAITM has no obstacle to register at SLMC as a medical practitioner in terms of the section 29 (2) of the Medical Ordinance. The Court of Appeal observed that on or around August 30, 2011, the former Higher Education Minister recognised SAITM as a degree awarding institute in terms of section 25 (A) of the Universities Act No. 16 of 1978.

The Court of Appeal further observed that the Higher Education Minister has not taken any steps to revoke the concerned decision in terms of the section 27 of the said Act.

“The SAITM is empowered to grant MBBS degree,” the Court observed.

In its judgment, the Court of Appeal observed that the SLMC has no power to take over the functions of the Higher Education Minister and further observed that the SLMC had acted in violation of section 19 of the Medical Ordinance when making regulations relating to SAITM. The Court further held that the SLMC had acted in violation of the Medical Ordinance without having any power to do so. Accordingly, the writ petition was allowed with cost.

The petitioner Dhilmi Kasunda Malshani Suriyarachchi had filed this writ petition seeking an order quashing the decision of the SLMC to refuse registration as a medical practitioner to the petitioner.

On October 5, 2016, the Court of Appeal rejected a request made by 13 parties including the Government Medical Officers Association (GMOA) to intervene into a writ petition.

Suriyarachchi stated that she was awarded an MBBS Second Class Upper Division Degree from SAITM on June 1, 2016.

The petitioner further said on or about August 30, 2011, the former Minister of Higher Education recognised SAITM as a degree awarding institute for the purpose of developing higher education therein leading to the awarding of the MBBS degree.

On or about June 6, 2016, the petitioner applied to the SLMC in terms of section 29 (2) of the Medical Ordinance for provisional registration as a medical practitioner for the purpose of acquiring the necessary experience required for obtaining a certificate under section 32. The petitioner stated that a letter issued by the SLMC President that students from SAITM were not registrable, and that the same was communicated publicly through several newspaper advertisements. President’s Counsel Romesh de Silva with Sugath Caldera appeared for the petitioner. President’s Counsel Ikram Mohammed appeared for the SLMC. Additional Solicitor General Sanjay Rajaratnam appeared for the Attorney General. President’s Counsel Faisz Musstapha appeared for the SAITM.