Applicant withdraws FR plea

Wasantha Ramanayake

COLOMBO: Health Services Department Deputy Director General (Medical Services) Dr. Terrence de Silva recently withdrew his Fundamental Rights Application in the Supreme Court challenging the appointment of the Director General of Health Services (DGHS).

Counsel Sanjeewa Jayawardane for petitioner Dr. S. Terrence G.R. de Silva, Deputy Director General (Medical Services) moved to withdraw the application on the basis of the decision of the Cabinet of Ministers to cancel the appointment of the DGHS.

The counsel submitted that the Cabinet had decided to rescind its own decision to appoint the second respondent as the DGHS.

The Court allowed the application and accordingly dismissed the rights plea. Issuing the order Chief Justice Sarath N. Silva PC expressed hope that the minister may appoint a committee consisting of former DGHS and/or Secretary to the Ministry of Health Service to evaluate the claims of the petitioner and the second respondent to the post.

“..in the circumstances the honourable Minister may consider appointing a suitable committee preferably consisting of former Directors General of Health Services and/or Secretary to the Ministry of Health Services to evaluate the claims of the petitioner and the second respondent to the post and to make recommendations to the Honourable Minister who will be at liberty thereafter to submit his recommendations according to the law to the Cabinet of Ministers for the final appointment.”

Petitioner Dr. Silva stated that he had an unblemished and outstanding service record and had covered up the duties of the DGHS and had rendered a yeoman service to the health sector of the country.

He stated that the post of the DGHS fell vacant following appointment of the DGHS Athula Kahandaliyanage as the Secretary to the Ministry of Healthcare and Nutrition. The petitioner claimed that he was the most suitable and most qualified person for the post of DGHS.

He stated that the Second respondent Dr. Ajit Mendis was appointed to the post over and above him although he was junior to the petitioner in the Medical Administrative Grade as well as in the Grade of Deputy Director General. Sanjeewa Jayawardane with Rajeeva Amarasuriya instructed by G.G. Arulpragasam appeared for the petitioner. President’s Counsel Romesh de Silva with Sugath Caldera appeared for respondents. Deputy Solicitor General Sanjaya Rajaratnam appeared for Health Minister Nimal Siripala de Silva.