Contempt of Court action filed against SLMC over non-registration of Saitm grad.

By Shehan Chamika Silva

Considering the Contempt of Court action filed against Sri Lanka Medical Council (SLMC) for disobeying the Supreme Court judgment, which affirmed the previous Court of Appeal decision allowing registration of a Saitm graduate as a medical practitioner under the SLMC, the Court of appeal today issued summons on the members of the Sri Lanka Medical Council to appear before Court on November 16, 2018.

A Saitm graduate (as a petitioner) initially instituted an action against SLMC on June 14, 2016 seeking a writ order from Court of Appeal to quash the SLMC's decision to refuse petitioner's registration under section 29(2) of the Medical Ordinance.

Then, on January 31, 2017, the Court of Appeal delivering an order decided to direct the SLMC to make the registration.

However, SLMC subsequently instituted a special leave to appeal before the Supreme Court in which certain medical students and GMOA have also appeared as intervening parties.

This special leave to appeal was allowed for the argument based on six questions of law by the Supreme Court.

Later, on September 21, 2018 (last month) the Supreme Court gave its judgement affirming the previous Court of Appeal order.

The petitioner in the Contempt of Court action alleged that following the Supreme Court recent order, her continuous attempts to provisionally register with SLMC were unsuccessful to date as SLMC has willfully neglected to register her without complying with the court order.

Therefore, the petitioner has sought from Court to take necessary actions against SLMC and its members over committing an offence fell under article 105(3) of the Constitution (Contempt of Court).

President's Counsel Romesh de Silva with Senior Counsel Sugath Caldera, Counsel Shanaka Cooray and Counsel Niran Ankatel appeared for the petitioner.