SLMC imbroglio: Why sack only five for collective decisions taken by apex body-Dr. Swarnakumar

The Sri Lanka Orthopaedic Association has questioned the controversial sacking of five members of the Sri Lanka Medical Council by Health Minister Pavithra Wanniarachchi as decisions taken therein were taken with collective responsibility.

Dr V. Swarnakumar in his capacity as the President of the Association, while challenging the ministerial decision, has requested President Gotabaya Rajapaksa’s immediate intervention to settle the dispute. In a letter dated Dec 23 addressed to the President, Dr. Swarnakumar has said: “All the decisions made by the SLMC are taken with collective responsibility, either by the entire SLMC or by a majority vote and they are binding on all the members of the SLMC council. Hence, sudden removal of ONLY five members of the council based on the recommendations of this questionable committee is arbitrary and unethical.”

The following is the full text of the letter: “As the main professional body representing all the orthopaedic surgeons in both the state and private sector in Sri Lanka, the Sri Lanka Orthopaedic Association (SLOA) is gravely concerned about the current situation in the Sri Lanka Medical Council (SLMC).

The Sri Lanka Medical Council is the continuation of what was the Ceylon Medical Council established under the medical ordinance 24 of 1924. Its primary purpose is to protect the public/patients’ rights by ensuring a disciplined and ethical practice of its members while maintaining the academic and professional standards of its members.

The truth is that the ordinance that was legislated at a time when there was but a single medical School in existence is woefully inadequate to resolve the issues that are present today; arising from a multitude of local as well as foreign medical graduates and an increasing number of specialties and sub specialties. Compounding this truth is the unfortunate reality of the pervasive influence of politicians and trade unions on almost every single independent institution, in which the SLMC is not alone.

SLOA firmly believes that as the regulatory body for the academic, professional and ethical standards of the medical practitioners, SLMC should be free from all extraneous influences, political or otherwise to carry out their functions independently.

SLOA council notes that the recent termination of the tenure of office of FIVE members of the SLMC, including its President was based on recommendations of a committee appointed by the Minister of Health.

With reference to the above committee report, we observe following key points which we believe are the observations of all the right thinking medical community.

1. The terms of reference of the said committee were of a fact finding nature. We understand that its mandate does not include making recommendations of a punitive nature.

2. All the decisions made by the SLMC are taken with collective responsibility, either by the entire SLMC or by a majority vote and they are binding on all the members of the SLMC council. Hence, sudden removal of ONLY five members of the council based on the recommendations of this questionable committee is arbitrary and unethical.

In the light of above, we, the SLOA urge your Excellency to please intervene early to resolve this matter, so that the SLMC will once again enjoy the trust that the public had invested in it and function as a true independent body with the necessary integrity of a statutory body of its caliber. “