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Appeal Court ruling reinstates Prof Harendra de Silva as SLMC President
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Prof de Silva and Dr U M Gunasekara outside SLMC premises on Friday. (Pix by M A Pushpa Kumara)
By Kumudini Hettiarachchi
Prof Harendra de Silva, President of the Sri Lanka Medical Council (SLMC) who was reinstated in his position after an Appeal Court ruling was back in his office on Friday, the day after he was reinstated in his position by the Court of Appeal following his dismissal by the then Health Minister Pavitra Wanniarachchi.
Prof Harendra de Silva
On Thursday, the Court of Appeal quashed the November 2020 decision to sack Prof de Silva and four other members of the Medical Council, and restored their positions – more than two years after they were removed.
The two-judge bench comprising Justice M T Mohammed Laffar and Justice S U B Karalliyadde held that the former minister had acted mala-fide, arbitrarily and capriciously revoking their appointments, that they were not heard before such removal, and as such, the minister did not adhere to the rule of natural justice.
Hailing the verdict as a “landmark judgment”, Prof de Silva said his future work at the SLMC as President, would revolve around transparency, avoiding conflicts of interest or declaration if so, monitoring aspects, adhering to the rule of law and accountability as fundamental principles.
“All decisions would be made in compliance with the council within the regulations. The patient’s interest should be foremost. Any archaic regulations would be changed with the council, in the interest of efficiency and the best interest of the public, students and doctors,” he told the Sunday Times. (The SLMC is the state watchdog body of medical education and professionalism.)
The Court of Appeal ruling came on two petitions – one filed by Prof de Silva and SLMC members Dr W M Sunil Rathnapriya and Dr U.M. Gunasekara and the other by SLMC members Prof Narada Digagamini Warnasuriya and Dr Pushpitha Dharshana Sunil Ubeysiri. The petitioners challenged their revocation in office by the then minister.
Prof Narada Warnasuriya
The respondents included Prof Vajira Dissanayake, council member who was appointed as SLMC President after Prof de Silva’s dismissal.
The judgment said the petitioners were members of the SLMC appointed by the then Minister of Health, Dr Rajitha Senaratne, with effect from 21-01-2019 for a five-year term.
In November 2020, Minister Wanniarachchi took the position that the Supreme Court had found fault with the SLMC for arbitrarily depriving medical students from obtaining provisional registration. Thereafter, she appointed a committee of five to inquire into complaints made against the SLMC.
However, it was alleged by the petitioners that the conduct of the committee was unfair, and in violation of the principles of natural justice. According to the report of the committee appointed by the minister, the Government Medical Officers’ Association (GMOA) was the main complainant against the SLMC. “It is pertinent to note that a member of the committee was an active member of the Election Committee of the GMOA, while another member of the committee, was also an active member of the Specialist Transfer Board Committee of the GMOA.
The court held that the ‘impugned’ inquiry report is liable to be set aside in limine (as a preliminary matter) on the grounds of bias alone as the two committee members are the members of the complainant (ie GMOA).
“Having scrutinised the minutes of the committee, it is clear that the inquiry was concluded in a very short period. The petitioners were not charged, the copies of the complaints were not handed over to the petitioners, statements were not recorded from the petitioners, formal evidence was not adduced, adequate opportunities were not granted to the petitioners to adduce evidence and to cross-examine the witnesses/complainants who made the complaints against the SLMC,” the judgment said, adding that the committee totally failed to adhere to the principles of natural justice and rule of law in holding the inquiry.
Dr U M Gunasekara
Mr Upul Jayasuriya, PC, with Mr Laknath Seneviratne and Mr Sachira Andranannadi appeared for the petitioners of the first petition and Mr Sanjeewa Jayawardane PC appeared for the petitioners of the second petition.
Additional Solicitor General N Pulle, PC appeared for Minister Pavitra Wanniarachchi and Mr Romesh De Silva, PC, Mr Navin Marapana, PC, and Mr Shavinda Fernando PC with instructing attorneys appeared for the other Respondents.
When the sacking of the SLMC took place in November 2020, the Sunday Times extensively reported on the matter – ‘Minister sacks SLMC chief and four others; medical community divided over dramatic move’ and ‘Explosive changes at SLMC as Minister sacks its President and 4 other members’ (both on November 29, 2020) and ‘Three of the five sacked SLMC members petition court, challenging their removal’ (December 6, 2020).
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