CA quashes Health Minister’s decision

By Lakmal Sooriyagoda  

The Court of Appeal yesterday issued a Writ of Certiorari quashing former Health Minister Pavithra Wanniarachchi’s decision to remove Prof. Harendra de Silva as President of the Sri Lanka Medical Council (SLMC) and removing four others as Council Members of the SLMC.   Former President of Sri Lanka Medical Council Prof. Harendra de Silva and four council members, Dr. Sunil Rathnapriya, Dr. Upul Gunasekara, Prof. Narada Digagamini and Dr. Pushpitha Ubeysiri had filed writ petitions challenging their removal from SLMC by the Minister of Health.   

Court of Appeal two-judge-bench comprising Justices Mohomed Lafar and S.U.B. Karalliyadde further issued a writ of prohibition, preventing Prof. Vajira Dissanayake from assuming office or further functioning as the President of the SLMC. The Court further restrained Prof. Bandula Wijesiriwardene, Dr. Dilrukshi Ruberu, Dr. Vajira Senarathna and Prof. Jayalath Jayawardane assuming office as members of the SLMC.  
In their writ petitions, the petitioners alleged that the Health Minister has no powers to remove them from SLMC prior to the conclusion of their official term.  
President’s Counsel Upul Jayasuriya appeared for Prof. Harendra de Silva and two other petitioners. Sanjeeva Jayawardena PC appeared for two other petitioners. Additional Solicitor General Nerin Pulle appeared for the Minister of Health.