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SLMC moves SC against Appeal Court decision

The Sri Lanka Medical Council (SLMC) yesterday filed an appeal application in the Supreme Court, requesting that the Court of Appeal order of Jan. 31, 2017, making it mandatory for the SLMC to provisionally register, under Section 29/2 of the Medical Ordinance, the medical graduates of South Asian Institute of Technology and Medicine (SAITM), be set aside.

The Court of Appeal also ordered the Public Service Commission to permit SAITM medical graduate to register as public officers.

The Court of Appeal made this mandatory order in response to a writ application filed by Dhilan Suriarachchi of Piliyandala, who graduated in Medicine from SAITM.

The SLMC has, in its appeal application filed cited among the respondents, the SAITM, the Ministry of Higher Education, the University Grants Commission and the Attorney General.

The SLMC appeal says the Court of Appeal order, which quashed the SLMC’s refusal to register SAITM students as doctors, is bad in law.

The SLMC has said the Court of Appeal erred in holding that the SLMC’s refusal to register SAITM medical graduates was ultra vires the Medical Ordinance.

The Court of Appeal erred in holding that the Sri Lanka Medical Council has a legal right to provisionally register SAITM graduates.

The Court of Appeal also erred in holding that the powers of the specified authority could be extended directly under the Control of Minister, the SLMC has argued in its appeal. Under these circumstances, the Court of Appeal has erred in exercising judicial review and making a mandatory order on the SLMC. It should be set aside by the Supreme Court, the SLMC says in its appeal.

The Instructing Attorney at law is Amisha Perusinghe.
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