• Deems removal “malicious, arbitrary” and contrary to natural justice, interim order issued preventing current SLMC membership from functioning   

The Court of Appeal (CoA) which observed that the then-Minister of Health Pavithra Wanniarachchi has acted in a malicious and arbitrary manner in violation of the principle of natural justice in the removal of Prof. Harendra De Silva, who served as the President of the Sri Lanka Medical Council (SLMC) and its other members, issued a writ order invalidating the related letters issued by Wanniarachchi.

CoA Judges, Justices  Mohamed Lafar Thahir and S.U.B. Karaliyadde yesterday (26) delivered the ruling with regard to two writ petitions filed by Prof. De Silva and several former SLMC members, seeking an order declaring that the former Minister of Health Wanniarachchi's decision to remove him (Prof. De Silva) and other members is illegal, and to therefore invalidate the same.

Delivering the ruling, the CoA observed that the then Health Minister (Wanniarachchi) had acted maliciously and arbitrarily in removing the members including Prof. De Silva from the SLMC, and that she had not taken steps even to conduct an inquiry into the matter or give them an opportunity to make the relevant explanations before going ahead with the removal. By doing so, the CoA observed that she had violated the legal principle of natural justice.

Accordingly, the CoA issued an order quashing the related letter issued by Wanniarachchi on 27 November 2020. An order was also issued by the CoA annulling the decision taken by Wanniarachchi to appoint Prof. Vajira H.W. Dissanayake as the SLMC President, and Prof. Bandula Wijesiriwardena, Dr. Dilrukshi Ruberu, Dr. Vajira Senaratne, and Prof. Jayantha Jayawardene as its members, while an interim order was issued preventing Prof. Dissanayake from continuing as the SLMC President.

Dr. De Silva and petitioners have informed the CoA that former Health Minister Dr. Rajitha Senaratne had appointed them as the SLMC President and its members, respectively, for a period of five years on 21 January 2019. They had also stated that Minister Wanniarachchi had taken steps to remove them from their respective positions without any reasonable basis. Wanniarachchi, the Attorney General and several others had been named as respondents in the petition and they had further alleged that the decision taken by the Minister to remove them from the SLMC and to appoint a new SLMC President and other members was contrary to the Medical Ordinance.

Additional Solicitor General, President’s Counsel Nerin Pulle appearing for the Health Ministry in December 2020, requested the CoA to dismiss these petitions in limine (from the outset) claiming that there was no legal basis to proceed with them. He had argued that the subject Minister has the powers to remove the members of the SLMC in accordance with the provisions of the Medical Ordinance. However, the petitioners had alleged that the Health Minister had no power to remove them from the SLMC prior to the conclusion of their official term.