IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for mandates in the nature of Writs of Certiorari, Prohibition and Mandamus, under and in terms of the Article 140 of the Constitution of Democratic Socialist Republic of Sri Lanka.

C.A. (WRIT) Applica CA/WRIT/0484/2022

1. Prof. Mohamed Hussain Rezvi Sheriff, No. 20/21, Fairfield Gardens, Colombo 08.

2. Western Infirmary Hospital (Private)

Limited, No.218, Cotta Road, Borella, Colombo 08.

Petitioners Vs.

1. Dr. G. Wijesuiya, Deputy Director (Medical Services), Ministry of Health, "Suwasiripaya", No. 385, Rev. Baddegama Wimalawansa Thero Mawatha, Colombo 10.

2. Dr. Dhamminka Alahapperuma, Director, Private Health Sector Development Unit, Ministry of Health, "Suwasiripaya", No. 385, Rev. Baddegama Wimalawansa Thero Mawatha, Colombo 10.

3. Dr. Asela Gunawardena, Director General of Health Services, Ministry of Health, "Suwasiripaya", No. 385, Rev. Baddegama Wimalawansa Thero Mawatha, Colombo 10.

4. S. Janaka Sri Chandraguptha, Secretary, Ministry of Health, "Suwasiripaya", No. 385, Rev. Baddegama Wimalawansa Thero Mawatha, Colombo 10.

5. Hon. (Dr.) Keheliya Rambukvvella, Ministry of Health, "Suwasiripaya", No. 385, Rev. Baddegama Wimalawansa Thero Mawatha, Colombo 10.

6. Private Health Services Regulatory Body, No. 2A, CBM House, 4^th Floor, Lake House, Colombo 08. Respondents Before: N. Bandula Karunarathna J. (P/CA)

&

M.C.B.S. Morais J.

Counsel: Faizer Musthapha, PC with Shaheeda Barrie, AAL, Hafeel Fariz, AAL and Ridmi Benaragama, AAL instructions of M/S Neelakandan Neelakandan, AAL for the Petitioners.

Shantha Jayawardhana, AAL for the Intervenient-Petitioner.

Vickum de Abrew, ASG with Navodi de Soysa, SC for the 1^st – 5^th Respondents.

Written Submissions: By the Petitioners – 04.09.2023 By the Respondents – 05.06.2023 Argued on : 14.07.2023 and 30.05.2023 Decided on : 24.11.2023.

N. Bandula Karunarathna J. P/CA The 1st Petitioner is a citizen of Sri Lanka, and the founder of the 2nd Petitioner Company. The Western Infirmary, established about 1985, is widely regarded to be the "Father of Nephrology"

by the Medical Community in Sri Lanka.

The 1st Petitioner has contributed to the disciplines of medicine, health care, and academia in Sri Lanka in numerous ways, and is a pioneer in the field of Nephrology and transplantation in Sri Lanka, as well as being the chief proponent for the introduction of Renal Disease Diagnosis, Dialysis and Kidney Transplantation in the country. He was instrumental in performing the first ever kidney transplant in Sri Lanka in October 1985, and has performed over 1000 kidney transplants on patients.

The 1st Petitioner has additionally shared his vast knowledge in the field of Nephrology with several generations of Undergraduates and Postgraduates over a career that spanned over 5 decades, while conducting trail blazing medical research, and has had a hand in training most, if not all of the current Nephrologists in the country.

According to the Petition the 1st Petitioner was a Senior Professor of Medicine and the Head of the Department of Clinical Medicine at the Faculty of Medicine, University of Colombo, and had retired in September 2014, following more than 40 years of yeomen service to the University of Colombo, and is currently a Senior Professor of Medicine at the General Sir John Kotelawala Defence University (KDU).

According to the Petition, the 1st Petitioner, is amply qualified, having completed the following Academic, and Professional Qualifications:

(a) Academic i. E.C.F.M.G. Certification, USA, February 1970;

ii. M.B.B.S. (Ceylon), August 1971;

iii. M.D. (Ceylon), January 1974.

(b) Professional i. M.R.C.P. (UK), August 1975;

ii. F.R.C.P. (London), April 1991;

iii. F.C.C.P (Sri Lanka), September 1992;

iv. F.R.A.C.P. (Hon), May 1994;

v. F.R.C.P (Edin), July 1995;

vi. F.N.A.S.S.L (Sri Lanka), 2006; vii. F.S.L.C.G.P (Sri Lanka), 2010;

viii. F.I.M.A.C.G.P (India), 2011.

The 1st Petitioner has contributed to the fo