Doctor obtains MD through Courts

BY WASANTHA Ramanayake

THE Court of Appeal recently directed the Post Graduate Institute of Medicine to include the name of a medical officer who had obtained more than 60% for her Clinical Ophthalmology in its new pass list.

The court further directed the Board of Study in Ophthalmology to pay the medical officer a sum of Rs. 25,000 as cost.

The court made the order delivering the judgement in the Writ application filed by the medical officer challenging the marking scheme of the Part ii Module iv examination leading to the Doctor of Medicine in Ophthalmology on the basis that had not been duly approved by the Board of Management, the Senate and the University Council of the Colombo University. The Bench comprised Justices K. Sripavan and Eric Basnayake.

The court issued a writ of certiorari quashing the part of the marking scheme of the Module (iv) of the New Syllabus that was similar to the Part (ii) of the MD (Doctor of Medicine) in Ophthalmology.

The particular part of the purported marking scheme required a candidate to score a minimum of 18 marks in the both panels of Clinical Ophthalmology in order to pass the entire examination.

Delivering the judgement Justice K. Sripavan, Justice Basnayake agreeing, observed that the petitioner having obtained more than the total marks required was entitled to pass the examination.

Justice Sripavan noted that the marking scheme did not anywhere indicate that a pass in clinical examination was compulsory and the court further stated that according to the marking scheme the minimum pass marks required to pass clinical was 60%.

He observed that the petitioner in her final marks had obtained eight marks in each of the two panels for the Clinical Ophthalmology i.e. more than the 60 % as determined by the Board of Study.

The court observed that "it was at a loss to understand the basis" on which the Board of Study decided to fail the petitioner.

Petitioner Dr. Shiranthi Perera of Colombo 4, cited the University of Colombo, its Vice Chancellor T. Hettiarachchi, Health Service Director General Dr. Athula Kahandaliyanage, Director of Post Graduate Institute of Medicine Prof. Lalitha Mendis and 75 others as respondents. Sanjeewa Jayawardane with Priyanthi Gunarathne instructed by G. G. Arulpragasam appeared for the petitioner.