SC dismisses FR petition against private medical college SAITM

By S.S. Selvanayagam

The Supreme Court yesterday (8) dismissed without costs the Fundamental Rights violation petition filed against the private medical college South Asian Institute of Technology and Medicine (SAITM).

The Bench comprised Chief Justice Shirani A. Bandaranayake, and Justices P.A. Ratnayake and S.I. Imam.



Medical Practitioners Dr. S.S. Marasinghe, Dr. U.M. Gunasekara and University Lecturers Dr. N.R. Devasiri and K.R.A. Pradeep Perera filed the petition challenging this private medical college awarding Degree of Bachelor of Medicine and Bachelor of Surgery (MBBS).

They cited the Sri Lanka Medical College, University Grants Commission, Higher Education Minister S.B. Dissanayake, SAITM, its Chairman Dr. Neville Fernando, its Registrar Hussain, the Board of Investment, Health Minister Maithripala Sirisena, the Attorney General, and others as Respondents.

C. Witharana with M. Gamage appeared for the Petitioners. Romesh de Silva PC instructed by G.G. Arulpragasam appeared for SAITM, while Faisz Musthapha PC with Riad Ameen and Faizer Markar instructed by Gowry Shangary appeared for its Chairman and Registrar. M.A. Sumanthiran with Viran Corea appeared for the SLMC, Senior State Counsel Viveka Siriwardena de Silva appeared for the other Respondents.

The private institute was registered in 2009 as a BOI approved company for establishing an educational institute to provide education pertaining to subjects on technology, science, and management under the name ‘South Asian Institute of Technology and Management’.

Later the name of this institute was changed into its present name to include ‘Medicine’ in place of ‘Management’ and introduced itself to the general public as a recognised medical College affiliated with a recognised university in Russia (Nishny Novgorod State Academy of Medicine).

Petitioners sought the Court to declare the Degree Awarding Institute Order published in the Gazette dated 30 August 2012 recognising the SAITM as a degree awarding institute for the purpose of developing higher education, leading to the award of the Degree of Bachelor of Medicine and Bachelor of Surgery, being inconsistent with the fundamental right to equality and the freedom to engage in lawful profession, trade, or enterprise, etc.

They also sought the Court to order the BOI to cancel the approval granted for the SAITM under the Board of Investment to conduct courses leading to health and/or medical science.