Delivering a comprehensive Judgment, the Supreme Court yesterday July 30 ordered the Sri Lanka Medical Council to provisionally register SAITM medical graduates as Medical Practitioners in terms of 29(2) of the Medical Ordinance.
The judgment was made by a Bench comprising Justices Preeti Padman Surasena, Buwaneka Aluwihare and L.T.B. Dehideniya, considering a Fundamental Rights petition filed by SAITM graduates, S.M. Halpe, D.T. Panduwawela and K.P.K. Marapana over the failure of the SLMC to register them as Medical Practitioners.
The Petitioners had complained that the SLMC had willfully refused to register them despite the graduates possess eligible criteria and even though the Supreme Court had earlier delivered a decision in favour of the graduates in the main SAITM case (184/18SC)
Justice Surasena delivering the judgment directed the SLMC to follow the Court direction within three weeks.
He also declared that the SLMC had violated the fundamental rights of the petitioners protected under section 12(1) and 14(g) of the Constitution.
Justice Surasena also observed that the SLMC cannot act outside its limits provided by the Medical Ordinance by exempting the registration that it is obliged to follow.
The Supreme Court also ordered the SLMC to pay costs of Rs. 200,000 for each petitioner.
There were 82 SAITM graduates who had been parties to this case.
Upul Jayasuriya PC, Counsel Chandana Perera, Counsel Laknath Seneviratne instructed by Sampath Wijewardena appeared for the Petitioners.