SAITM med student seeks registration; CA fixes order on intervention for 5 Oct.

By S.S. Selvanayagam

The Court of Appeal yesterday re-fixed for October 5 its order on the intervention of intervenient petitioners in the writ petition filed by a MBBS graduate student of the South Asian Institute of Technology and Medicine (SAITM) seeking an order from the court to compel the Sri Lanka Medical Council (SLMC) to register him as a medical practitioner.

The bench comprised Justices Vijith K. Malalgoda (President/CA) and P. Padman Surasena.

The Court of Appeal on 5 July fixed main petitions for hearing on 12 and 14 October on the writ petition.

The court on 2 August observed that several parties had come to court to intervene, namely the Medical Council Registrar, Government Medical Officers Association, President and Secretary of the Government Dental Surgeons’ Association, All Ceylon Medical Officers Association, three students from SAITM and three members of the general public.

The court had observed that this matter had already been fixed for argument considering the nature of the application and the parties who were before the court had agreed to file written submissions with regard to the intervention since the petitioners were objecting to the intervention of all these parties to this case.

The intervenient parties agreed to file their written submissions by 9 August 2016 and the petitioners and the other respondents undertook to file their written submissions by 16 August 2016.

As the main matter is already fixed for argument, the court will not grant any further dates for parties to file their written submissions.

In view of the fact that several parties have come before court to intervene and considering the fact that the court has to make an order with regard to their participation, the court decided to extend the date given for objections from 30 August 2016 to 21 September 2016.

The court had fixed its order for 14 September 2016. The order is now re-fixed for 5 October.

The petitioner cited the SLMC, SAITM, Higher Education and Highways Minister Lakshman Kiriella, the Secretary to the Ministry, the University Grants Commission and Minister of Health, Nutrition and Indigenous Medicine Dr. Rajith Senarthne as respondents. The GMOA and two others filed intervenient petitions.

Romesh de Silva PC, with Sugath Caldera, appeared for the petitioner. Ikram Mohamed PC appeared for the SLMC. Chanthani Liyanapatabendi with Ravendranath Dabare appeared for the GMOA. Faisz Musthapha PC with Faiza Markar instructed by Gowry Shangary Thavarasha appeared for SAITM. The petitioner is seeking an order from court to quash the decision of the SLMC to deny provisional registration to him.

He is also asking for interim relief, directing the SLMC to register him provisionally as a medical practitioner pending the hearing and determination of his application.