Sri Lanka Medical Council complains of vested interest in categorising it as public enterprise; CA s

By S.S. Selvanayagam

The Court of Appeal yesterday iissued an Interim Order staying the operation of the Circular issued by the Public Enterprises Department (PED) that the Sri Lanka Medical Council (SLMC) will be categorised as a “Public Enterprise” in the future.

The Writ application filed by SLMC came before Justice W.L.Ranjith Silva citing Finance and  Planning and Economic Development Ministry Secretary, the Director General of the Public Enterprise Department S.R. Attygalle, Public Administration and Home Affairs Minister, its Ministry Secretary, Healthcare and Nutrition Minister and its Ministry Secretary as Respondents.

The Court issued Interim Orders until the final determination of the application staying the operation of the circular issued of the PED under the hand of Secretary to the Ministry of Finance and Planning and Economic Development categorising and classifying as Public Enterprise.



SLMC complains...

The Court also issued an another Interim Order staying the operation of the Circular issued by the Secretary to the Ministry of Healthcare and Nutrition Minister directing the SLMC to comply with the provisions of the circular issued by the PED.

The Court issued notices on the Respondents returnable on 14 December. Sanjeeva Jayawardane with Sandamali Chandrasekera instructed by Sonali Handapangoda appeared for the Petitioner.

The Petitioner SLMC is the sole authority which has exclusive control over not only the medical practitioners (Government, non-Government and academic) of Sri Lanka, but also control the dentists, the midwives, pharmacists and nurses of the country and exercises vital and integral influences on the medical profession and its practitioners and also, their proper conduct.

It is a creature of Statute, established by the Medical Ordinance of 1927 by Parliament, for the integral purpose of the regulation and monitoring of the entire medical profession of the country.

Petitioner states its unique and special character and nature is further highlighted by the fact that the legislature has made express provision vesting it with the power and discretion to appoint its own secretary, treasurer, registrar, assistant registrar and other persons, whom it may deem necessary for the purposes of the Medical Ordinance.

It emphasises its right of employing its own employees is a right that it exercises under the Medical Ordinance.

It contends that it is mandatory that it be permitted to function as an independent entity, free from any State or other influences to duly and properly perform its functions and duties.

It points out that even though, it is pro forma entitled to receive funding from the Consolidated Fund, it has received such a funding only in 2007 and 2008 and that it has, at all times, functioned substantially on the funds generated by it itself without relying on any other source of State funding.

It also points out it has not received any funding from the Consolidated Fund from 1988 till 2007 and that up to date, it has not been issued with the funding for 2010 and 2011 but it functions very smoothly on the funds which are generated by itself.

The SLMC laments it clearly demonstrates the intentions and motives of the Respondents and other persons with vested interests, to attempt to interfere with its independence and integrity.

It expresses fears and concerns pertaining to the compromising of its independence and autonomy was cemented with the issuance of the directive by the Health Ministry Secretary seeking compliance by it.

It bemoans any interferences whatsoever with its functioning and independence is illegal and ultra vires the provisions of the Medical Ordinance as well as being contrary to the established principles of natural justice and legitimate expectations.

It underlines that all its members are honorary members who are performing the their functions on a voluntary basis and as such, do not receive any salary or remuneration and that the rationale behind this practice is to ensure its maintenance of the independence by eliminating any possibility of financial dependence of its members, or any salary, allowance or remuneration.

It alleges the basic purpose behind the said purported decision of the Finance Ministry Secretary to categorise it as a regulatory agency which falls within the supervision of the PED merely a circuitous method used by the Respondents to establish a doorway through which its functioning can be controlled by those with vested interests.