KASTHURIARACHCHI

VS.

SRI LANKA MEDICAL COUNCIL AND ANOTHER

SUPREME COURT
JAYASURIYA, C.J.
DEHIDENIYA, J.
THURAIRAJA, J.
SC/FR/459/2019
FEBRUARY 17, 2020

Fundamental rights-Articles 12(1) and 14(1)(g) of the Constitution- Medical Ordinance, section 29(2)-Sri Lanka Medical Council- Foreign medical graduates-Provisional registration-Examination for Registration to Practice Medicine-Pre-entry qualification-Legitimate expectation- Time bar

The petitioner obtained a medical degree from a foreign university recognised by the Sri Lanka Medical Council (SLMC). She applied for provisional registration, which is a prerequisite to sit for the Examination for Registration to Practice Medicine (ERPM) in Sri Lanka. The SLMC refused provisional registration on the basis that the petitioner had not satisfied the pre-entry Advanced Level qualification imposed by the SLMC in 2010 for foreign medical graduates. The petitioner filed this application before the Supreme Court alleging the infringement of her fundamental rights guaranteed under Articles 12(1 ), 14(1)(g) of the Constitution and on the basis of denial of her legitimate expectations.

Held :

1. In terms