In a strongly worded judgement the Supreme Court condemned the actions of the Sri Lanka Medical Council (SLMC) stating that, it, even though a body created by the law has ‘amounted to taking the law into its hands with a deliberate intention to flout the law and violate the order made by this Court as well as the Court of Appeal.’
In pronouncing the judgement of the petition filed by three graduates of the South Asian Institute of Technology and Medicine (SAITM) on 30 July, it declared that the SLMCC has infringed Petitioner’s fundamental rights to equality and equal protection of the law (article 12(1)), freedom to engage in their preferred lawful occupation or/and profession (Article 14(1)(g)) guaranteed by the constitution.
“The SLMC is not exempted from obeying the statutory provisions of the Medical Ordinance and the Universities Act. The SLMC is a creation of the Medical Ordinance and must confine itself to the powers vested in it by the Medical Ordinance. It has no powers outside those expressly conferred on it by the provisions of the Medical Ordinance,” the order heavily reprimands the SLMCC.
The order further directed the SLMC to provisionally register the Petitioners as medical practitioners in terms of Section 29(2) of the Medical Ordinance forthwith and to pay as compensation Rs. 200,000/= each to each of the Petitioners separately.
Other respondents; Director General and acting director of health services, Minister of Health, Nutrition and Indigenous Medicine and the secretary who were named as 1st to 4th respondents in the matter together with the SLMC, the 5th respondent were further directed to declare that any decision by them to exclude the Medical Graduates of the SAITM, from being eligible for the award of internship appointments as Medical Officers on the sole basis that they are Graduates it, as illegal, null and void ab initio and of no force or avail in law further to direct the Respondents to include , the Medical Graduates of SAITM, as being eligible for the award of internship appointments as Medical Officers.
It further directed the Respondents to include the Petitioners and those who are entitled for provisional registration as medical practitioners in terms of Section 29(2) of the Medical Ordinance on similar basis, in the same list in which the names of Intervenient Petitioners and to take all necessary steps to ensure that the seniority of the Petitioners and their placements will not be jeopardized due to the arbitrary decision on its part to exclude them from being granted the provisional registration as medical practitioners in terms of Section 29(2) of the Medical Ordinance,
Respondents are directed to comply with the judgement and to take all necessary steps within three weeks.
An affected student of SAITM filed a writ petition in the court of appeal in which Justice Vijith Malalgoda declared that the student should be allowed provisional registration.
This lengthy order which was never complied by the SLMCC was later appealed. The Supreme Court hearing the matter concluded and held with the decision of the court of appeal.
Justice Padman Surasena in his 35 page judgement takes dissects the objections taken up by the respondents in answering.
Referring to the defence that was taken on behalf of the SLMC Justice Surasena points out that SLMC does not have the authority to take up the position that the previous order of the Supreme Court is perincuriam.
“According to Article 127 of the Constitution, the judgements of the Supreme Court shall be final and conclusive,” the judgement reads.
Accordingly it states that the SLMCC is not entitled to challenge the validity of the judgment of this Court and that what the council has attempted was to do indirectly, something they have been prevented from doing directly.
“The reason as to why the Petitioners relied on the said judgment is rather simple. It is just their innocent expectation that the SLMC being a statutory body would in all probabilities have respected the conclusions of the apex court of the country. Unfortunately for them that turned out not to be the case,” the order said.
President’s Counsel Upul Jayasuriya appeared for the petitioners on a pro bono basis.
The full judgement can be read here
Dimitry / July 31, 2019
Spineless SLMC acting on the dictates of the youngest Terrorist organization in Sri Lanka GMOA, has learnt a bitter lesson.
GMOA has vouched not to obey judgements of the Apex Court.
Let’s see how they do it this time.
It’s over to you GMOA led SLMC, are you going to eat the humble pie or try and show your idiotic heroism.!
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Nandamal bahubutha / August 1, 2019
Dimitry, not eat the humble pie, but roast the buggers at a Barbercue The fat slobs
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chiv / July 31, 2019
At last, someone has managed to leash the stray rabid dogs.
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observer / July 31, 2019
Absolutely corrupt SLMC dictatorship due to GMOA trade union triple Ex Co infiltration has produced an illegal Council not subject to the law of the land. This Council mimics “god” with its own government, accountable to no one, and superior to Stalin, Lenin, Hitler, Gaddafi, Saddam Hussein and even Karl Marx under British soil. The law needs to deal with this chaotic monster before it destroys medical profession. Medical Faculty Deans in SLMC are training undisciplined, ragged, brainwashed unethical state medics. Their parents strike in order to save their children’s education from disruption by TUs
UGC approved legal fee paying SAITM medics were added to by previous govt. giving free “scholarships” to students below cut off points. Final MBBS was conducted with external examiners from state faculties. When SAITM MBBS requested SLMC for internship training, SLMC Prof. Carlo went beserk under Marx trade union GMOA pressure. Spineless Deans feared jealous student uprising. President Sirisena’s solution was to transfer the students to KDU. But 83 SAITM MBBS doctors now trained for about 10 years got Supreme Court verdict of justice, to complete internship training. SLMC by statute, now is a stubborn dictator with brain damage and needs to wake up. Foreign Medical MBBS too are SL citizens.
GMOA head has contempt of court case. SAITM needs death penalty by hanging 83 doctors for his release. SAITM MBBS will continually remind SLMC and GMOA that there is a karmic effect they cannot nullify. So they ask for O/L, A/L, Kindergarten past results, irrelevant after medical school entry. Irrational behavior.
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Rev Medalankara de Choppe / August 1, 2019
Obsever Sira the joke!!!!!!!
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Ajay / July 31, 2019
The SLMC is a bunch of sick cronies of the GMOA which is busy turning the health care system into a part of organized crime in this miserable country.
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Silva / July 31, 2019
So many days of disruptions to smooth functioning of the health care system and to the education of 1000s of medical students in state universities, in the end all gone to wast. Now a days, the madman, Pavadeniya, the President of blood sucking GMOA is hiding for he has contempt of court case pending against him. The bugger is shitting in the pants for he too might end up in the lock up like Yanasara Thero. This is how these blood sucking cultures should be taught good lessons. If these rascals play with the apex court orders, sure, they would end up counting the iron bars in the lock up .
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concerned / August 1, 2019
Silva, Pavadeniya heard voice while in a train going north towards Padeniya village saying P was going to be the right hand of a president. Not only mad but also corrupt as GMOA in June AGM rigged the election of Ex Co to be in permanent power in TU. No other nominations. No voting as usual. These need to be locked up, being a menace putrefying society. Wicked SLMC too should be behind bars for delaying young doctors future in the profession.
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Plato. / July 31, 2019
Why not charge the SLMC for Contempt of Court, rather than charging inconsequential folks like Ranjan Ramanayake?
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justice / August 1, 2019
Neville Fernando who sold medical education for millions gets away scot free.
SBDissanayake who substituted ‘Medicine’ for ‘Technology’ originally is nowhere.
We have the only Military College in the world training doctors.
This would not have happened in UK where the General Medical Council is very strict.
SAITM graduates can practice only in Sri Lanka.
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observer / August 1, 2019
Justice, You got the wrong twist to SAITM. Neville Fernando built a hospital as the govt. hospitals legally allocated for clinical training of SAITM became GMOA terrorist battlefields, threatening physical harm, just like in the NCMC era. Finances went into NFTH and the teaching staff, maintenance staff, establishing professorial units, theatres and other hospital expense. No waste and no ragging as parents paid dearly for their children’s medical education. Finally, all museum specimens were gifted to todays new medical faculties Sabaragamuwa and Kuliyapitiya, free of charge. Loans taken for building hospital has more payments, though administration and lecture halls faculty was grabbed away.
It was former GR who blew up GMOA teeth for approval of KDU. Marx bowed. All SL citizens have equal protection of the law to live and work here as doctors are trained for patient care. SLMC has approved medical faculties all over the world for foreign training.
Empty rhetoric of GMOA caring for patients is a myth. The very structure of hospital system is that patients are looked after in wards under Consultants and with nursing, technical and other staff. Patients get well unless deliberately murdered willfully. Where SAITM MBBS practice after internship like other doctors should not be the concern of Mr.justice. GMC UK accepts multiple streams from the world to align with them for postgraduate training.
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Nandamal bahubutha / August 1, 2019
Pavadeniya and Co is good for a soup and a roast
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Levi / August 2, 2019
Dear justice
Sri lanka trains and crates doctors with Sri Lanka’s tax monies to Treat Sri Lankabs
Cheers
Lev
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W B.Samarakoon / August 8, 2019
U are a person with no knowledge about other countries .what is the quality of the foreign medical graduates from Nepal, China ,Russia,Bangladesh. How the conduct of ERPM. All under SLMC mafia. How they recognize FMS. How they register FMG.Now two Mafia’s SLMC+GMOA got together. But both should learn good lessons this time. .Both will get good punishments .SLMC does no his scope of duties and responsibilities. They have to look after patients rights and not the doctor s rights.In GMC 6Doctor s and 6Laymen inter council.
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Suranga Gunasekera / August 1, 2019
If these Doctors had the slightest idea about morality they will bow their heads to the judgement made.
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They should have a maximum number of private patients for a day. Quality against quantity.
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This way more doctors can enjoy the taste of the economic pie while giving birth to more hospitals.
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No private practice should be allowed to the government Doctors and surgeons during work hours.
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Their must be a legal rest break in hours each day, before they are allowed to check on patients.
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Severe penalties should be given to the ones who ignore them.
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Ranjith / August 1, 2019
Justice, you are a bloody injustice man, and ass licker of the stinking blood sucking GMOA. The apex courts should have ordered the sucker GMOA also to pay the damage to the students for instigating these unlawful and illegal activities detrimental to the well being of the people. Man these students would prove their worth within and outside of the country for all to see and hear. They don’t have small mind like the students of state universities, and your bloody blood sucking vultures GMOA. Your SOBs GMOA is a utter disgrace for entire educated people. No second word, they are really disgusting and from the gutters.
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Nandamal bahubutha / August 1, 2019
Ranjith. The problem is that the govt had not issued short handled axes to the forces to handle this type of deadly menance. The zoo lacks meat for the animals, the crocks in lakes are crying for food.
Pavadeniya and the safron coloured thugs are good to provide protein to the animals.
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Bandula / August 1, 2019
Would have been ideal if the individual members of the SLMC were personally liable and should pay pensation out of their pockets. This would prevent any future member appointed to SLMC will work for some agenda.
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Anura / August 1, 2019
This GMOA blood sucking lichees and vultures, along with their boss Pavadeniya single handily brought down the good will and respect the doctors had from the public to the stinking cesspits. Now a days people look down on doctors, and wouldn’t give two shits to them owing to the dirty tricks and games GMOA play on their lives.
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umberto / August 1, 2019
Now we have a bunch of unqualified baboons as doctors, because their parents have ill gotten money to brobe our corrupt judiciary. One more brownie point for our judiciary.
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justice / August 1, 2019
umberto,
You are quite right..…..………………………………………………………………and Neville Fernando became a millionaire. Correct.
And, these guys did not have to sit the most competitive examination in Sri Lanka,
as their parents were the only ones able to make a down payment of Rs. Seven Million each, to start the ‘training’.
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observer / August 2, 2019
Justice, You are wrong again. “these guys” you refer to as SAITM all have A/L results well above minimum 2credits and 1s pass, well above some of the underprivileged state entry cut off marks. They were interviewed by UGC, before approval into SAITM. Otherwise students could not have been transferred into KDU. These 83 doctors had already passed the final SAITM MBBS at that point, the exam being identical to the state final MBBS with external examiners. Better to get the facts right before shouting in media. SAITM was closed.
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justice / August 2, 2019
observer,
Two credits & one pass, is/was lower than results of all those who were awarded admission to all medical faculties island wide.
This is why these chose SAITM which “admitted” them with the persuasion of Rs. Seven Million.
UGC never interviews university entrants – the many thousands – each year, it is NOT their job.
They were persuaded to do so, in this case by politicians – why?
Neville Fernando falsely alleged that SLMC approval had been granted/would be granted, to entice these rich kids.
The court has ignored all these facts.
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observer / August 3, 2019
Justice, The apex court has not ignored but taken all your so-called facts into account and all other representations, and given justice to these SAITM doctors to complete their training of internship under supervision of consultants. Nothing wrong with that legal verdict. Is it prohibited for A/L to pay for tuition classes. Why so blood thirsty. The integrity of the judiciary and finality of Supreme Court for maintenance of law and order in country for its citizen’s education is important. Otherwise you too will be in contempt of court, siding with SLMC/GMOA dictators who should resign if disagreeing with court
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Levi / August 2, 2019
LOTS OF PEOPLE SIT FOR LOTS OF EXANS, BUT SONS OF RICH AND POWERFUL ALWAYS PASS WITHH 100%.
REMENBER THW SON OF THE PAST PRESIDENT WHAT WE NEED DOCTORS TOTREAT PATIENTS SO THAT THEY WILL REMAIN COMFIRTABLE TILL RECALLED BACKBY the creator.
Amen
LEVI
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Lester / August 2, 2019
Sri Lankan medical education is among the best in the world. You can find Sri Lankan trained doctors all over the world. The reason for this is simple: the training is rigorous and the application process is highly selective. Furthermore, the entire process is regulated by the SLMC. If you privatize medical education, what will happen is there will be an excess of underqualified quacks, not doctors. It will create a national health crisis. The healthcare system should not be corrupt. Unlike politics, the impact will be swift and fatal. SAITM should be banned and anyone promoting illegal private medical education should be arrested under PTA regulations.
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Native Vedda / August 2, 2019
Lester
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“Sri Lankan medical education is among the best in the world.”
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Who says so?
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“The reason for this is simple: the training is rigorous and the application process is highly selective.”
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There is no accountability nor transparency in this island and health departments therefore the doctors are free to kill their patients as many as possible and learn from it. Life is very cheap.
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umberto / August 3, 2019
Come on Native
You are talking through your back side. Srilankan trained doctors are well respected all over the world. There are many consultants worked and working in one of the best Health Service in the world , namely, NHS in the UK. But this reputation will be lost within a few years with under qualified doctors produced by SAITM . The entrants to SAITM would never have seen the doors of a medical faculty if their parents were not that rich. These are FACTS whether you like it or not.
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concerned / August 3, 2019
Umberto, Medical course is tough and needs commitment. Students who wanted to be doctors, entered SAITM as it was locally available. Otherwise they would have become foreign medical graduates and been practicing doctors by now. Sri Lankan doctors do well and this includes former NCMC doctors, current SAITM, KDU and FMG doctors. SAITM was closed and dismantled. Why this fear. We need not add to stress factor of these students, some of whom even Colombo F/M from far homes drop out or commit suicide.
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Lester / August 4, 2019
Concerned,
SAITM is another money-laundering scam, just like the bond scam. Graduates of SAITM would not have their “credentials” recognized abroad. They would have to redo their entire medical education all over again. This is not true for graduates of local medical education (in Sri Lanka) , as their credentials would easily be recognized abroad. This is true in general. If anyone can pay to get into a medical program, the credentials are unlikely to be recognized in any Western nation.
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Native Vedda / August 3, 2019
umberto
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“You are talking through your back side. “
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I would love to do so however my anatomy does not allow me to.
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“These are FACTS whether you like it or not.”
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Let me have the facts on paper.
If the Sri Lankan doctors are the best, why are the rich people and politicians from this island seeking medical treatment in Singapore, India and the west?
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Nimal / August 3, 2019
SAITM students are also citizens of this country and sons and daughters of the citizens of this country who have and are shedding their sweat and blood for the progress of this nation. Over the past several years, with so much of pain in mind, we observed their plight to win justice and equality in the medical field. What right does the Medical Council or GOMA or any other organization have in denying them the right to become doctors of this country? These students fought a long battle, silently though, to win justice. We salute the Hon Supreme Court for its action to give justice and equality to SAITM students. They also have a right to become doctors of this country.
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rbh / August 4, 2019
SAITM Students Back In The Race.
These SAITM Students was cornered like the Dr. Shafiqs hidden secret plan to achieve some goal.
What qualified people are doing the young
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concerned / August 4, 2019
rbh, You are spot on. SAITM like Shafi was used to topple govt. but didn’t work. SAITM to be sent to Russia for private med. school collection of GMOA, with no future. Didn’t work. Shouted they had no A/L entry criteria to KDU. Didn’t work. Shouted they were substandard, but courts held verdict of justice with supervised internship training like all other doctors. Politics of Ex Co for Parliament or as Ambassadors. Won’t work. Hurrying to take over NFTH and change name. Won’t work. Ex Co who failed medical exams and doing business sending foreign medics. Will work. The strong reason behind erasing word SAITM is for Pava to be released from contempt of court case. Won’t work. Playing for time till next Prez. by GMOA/IUSF protests and courts won’t work. Perhaps if Pava negotiates settlement in courts paying penalty, might work. But brain damage will not allow. And so to jail with idiotic SLMC dictators, called the crème of medical education. Resignation will work.
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K. C. John / August 6, 2019
The SLMC recognizes MBBS graduates of selected overseas medical schools. These institutions are listed and known.
Despite this, MBBS graduates from these SLMC recognized overseas faculties are compelled to pass the ERPM exam in Sri Lanka before they are accepted for Internship training in the government medical service.
It is only after 01 year Internship training in an assigned Sri Lanka government hospital that they qualify to be Registered Medical Practitioners in Sri Lanka.
This system ensures that the overseas qualified MBBS graduates are of equitable standard as the MBBS graduates from the UGC governed local medical faculties.
Although SAITM is not a UGC governed faculty, its graduates are not required to pass the ERPM. How then is it possible to equate the standard of the SAITM graduates with the graduates passing out of the Sri Lanka government medical faculties?
Why are the SAITM graduates not required to pass the ERPM exam.? It will only establish their credentials and competence and ensure the security of the patients that they will be treating.
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concerned / August 6, 2019
K.C.John, You are very ignorant that SAITM was always a local UGC governed faculty and without ERPM requirements. Foreign graduates have to align to local conditions and patient care and have ERPM training and exam. SAITM is dismantled and is no more. Why this fake mania and created political chaos of GMOA using IUSF cat’s paw of non medical puppet students to add confusion. Do you think judiciary does not know legal state of education. 83 SAITM doctors have had additional post MBBS clinical training like internship for these 3 years of unjust delay in spite of Supreme Court verdict. Still need internship to satisfy the SLMC statutory legalities. ERPM area is well past for them. SAITM died and is an imaginary fear for GMOA head contempt of court case for which GMOA TU crept into SLMC statutory body. Cant erase word SAITM. So need to pay and negotiate without 83 SAITM MBBS sacrifices or resign from impossible function. SAITM is dead.
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W B.Samarakoon / August 8, 2019
INCi’s not governing any university or faculty all state universities are autonomous. But there is a quality assurance and accreditation council in UGC which has guidance to Every faculties and their study programmes .The degree awarding institutes also comes under it’s council . Therefor under section 25 of the medical ordinance clearly said that both degrees accepted as equal.
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Sachini / August 7, 2019
SAITM degree is bought for money and 80% of the saitm students and graduates only know to do the mundane boring job of clerking the patients, taking histories and following instructions of the state faculty Medical Officers in carrying out routine tasks. They have no base knowledge to diagnose and treat patients. These graduates were passed out for Neville Fernando to make his profits. The papers may have been kept to the minimum expected standard and the examiners were covered by external examiners known to the saitm consultants and professors who were biased anyways and the pass mark was deliberately brought down so than more than 95% pass. Whereas KDU maintains a very high standard and is integral with a pass rate sometimes even less than 50%. SAITM cannot be even compared to KDU, it is far lower than KDU and SAITM is a hora upadi kade.
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concerned / August 8, 2019
Sachini, Please let us too know from your all knowing highness, why KDU pass rate is below 50% when all state medical schools push out 100 % of their students and put society at their mercy. 2 years ago, 1/5th final MBBS was scrapped as Rajarata had no mental health teachers and still Prof. Carlo SLMC approved it. KDU examiners may be mental to fail 50% students and they too may be thinking like you – “no basic knowledge” whatever you mean by that. 100% students must leave after 3 year clinicals. Internship stabilizes them.There is no perfection at MBBS, as training is lifelong. If not why go for postgraduate exams. Better be GMOA Ex Co.
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W B.Samarakoon / August 8, 2019
Your argument s are hypothetical. If you want to prove those pl let all the students to have one exam in which the papers should be set in fair board of lectures of state and private universities. All common MCQ papers leak to Colombo graduates in every time. And ERMP Papers goes to the hand of tuition class students.
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PBG / August 8, 2019
The British General Medical Council recognises all Sri Lankan medical degrees apart from SAITM.
Now why is that I wonder? https://www.gmc-uk.org/registration-and-licensing/join-the-register/before-you-apply/acceptable-overseas-qualifications/overseas-medical-qualifications-we-do-not-accept
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concerned / August 8, 2019
PBG, There are no SAITM MBBS doctors on SLMC register as yet as the verdict to internship rights have been violated. After internship GMC will automatically recognize as they don’t have jealous and cussard SLMC/GMOA insecurity. When 2015 SLMC approval for SAITM in final year was sought, 9/10th team approved recommended improvements, but Marx sent a 10th competitive inspector doctor for a negative report. GMOA wrote to GMC negative reports even before students sat final MBBS. With no SAITM MBBS after internship, GMC cant accept.
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W B.Samarakoon / August 8, 2019
Verily correct Mr.
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