The Supreme Court has ordered the Sri Lanka Medical Council (SLMC) to register students with medical degrees from recognised foreign universities and who have passed the SLMC examination, for the medical profession in Sri Lanka.
A Fundamental Rights (FR) petition filed by a graduate of the Odessa National Medical University, Ukraine which is recognised by the SLMC and had sat and passed the Examination for Registration to Practise Medicine (ERPM).
SLMC had not registered the applicant as she had not fulfilled a pre-entry qualification relating to A/L results.
And the Contention of the SLMC is that it has the sole authority and power under the Medical Ordinance to decide on the recognition of foreign universities and medical schools and introduce changes to such criteria and impose additional qualifications required at a subsequent stage.
But the court said that the Medical ordinance is a law enacted by the parliament so SLMC is not empowered to impose rules which override an enactment which has been passed by the parliament.
The directive was issued by a three-judge bench comprising Justices Prasanna Jayawardena, L.T.B. Dehideniya and Murdu Fernando,.
Delivering the judgement the court said that the petitioners who were denied the provisional registration and those who were not allowed to complete the ERPM due to the fact that, they are not having the subsequently imposed pre-entry requirement prior to entering the recognized universities, shall be given provisional registration or be allowed to sit for the ERPM respectively.