Petition against Private Medical College dismissed

Roshan THUSHARA

SC verdict a great strength - SB

Higher Education Minister S.B. Dissanayake issuing a statement on the Supreme Court verdict which dismissed the Fundamental Rights petition filed against the South Asian Institute of Technology and Medicine (SAITM) said he was happy that the Malabe Private Medical College can now continue awarding degrees.

“A large number of universities which are hoping to come to Sri Lanka had focused attention on the fate of the Malabe Private Medical College. Hence, this is a great strength to us,” he said.

The minister said the government had no intention of doing away with free education. What they intended was to further expand free education. Also, institutions like SAITM affords free education through a certain percentage of student scholarships.

“Therefore, we are clearly in the process of further expanding free education in the country and the Supreme Court verdict paving the way for this is a great strength to us.”

The Fundamental Rights petition filed against the setting up of the Malabe Private Medical College was dismissed by the Supreme Court yesterday. The bench comprised Chief Justice Shirani Bandaranayake, Justice S.I. Imam and Justice P.A. Ratnayake.

The petitioners are Dr. S. Sankalpa Marasinghe, Dr. Upul M. Gunasekera and university lecturers Dr. Nirmal Ranjith Devasiri and K.R.A. Pradeep Perera. They claimed their fundamental rights were violated by the naming of the Malabe Private Medical College as a degree awarding institution.

Among the respondents cited are Sri Lanka Medical College, Higher Education Minister S.B. Dissanayake, South Asian Institute of Technology and Medicine (Private Ltd), its chairman Dr. Nevil Fernando, the Registrar and Health Minister Maithripala Sirisena. The Supreme Court after considered preliminary objections by Presidents Counsel Romesh de Silva appearing for the respondents that the gazette declaring the Malabe Medical College as a MBBS degree awarding institution was issued on August 30, 2011 and that when filing a fundamental rights petition it should be done within one month since the publication of the gazette. Counsel submitted that in terms of Section 126 (2) of the constitution, a FR petition should be filed within one month and that the instant petition was filed on September 11 after a lapse of one year and therefore time barred.

The petitioners also prayed for an interim injunction to stay the operation of the gazette dated August 30, 2011 declaring the Malabe Private Medical College a medical degree awarding institution, claiming that the Malabe Medical College was not competent to do so. They said the Sri Lanka Medical Council too has not accepted the Malabe Medical College and Management Institute as a Medical Degree awarding body.