The Long Road to White Coats: A Story of Resilience

Dr. Shane Malitha Halpe MBBS (SAITM) 

It was January 2019. Three years had passed since Dhilmi Suriyarachchi and 79 other Sri Lankan graduates of the South Asian Institute of Technology and Medicine (SAITM) earned their MBBS degrees. Yet, they were still waiting to begin their internship training, a crucial step towards obtaining their licenses to practice medicine in their home country.

Their ordeal began in June 2016 when the Sri Lanka Medical Council (SLMC) refused to register Ms. Suriyarachchi, offering no explanation. This defied the Medical Ordinance, which mandated the SLMC to register any Sri Lankan medical graduate with a valid degree and good character. Left with no other option, Ms. Suriyarachchi, with the backing of SAITM chairman Dr. Neville Fernando, petitioned the Court of Appeal through President Counsel Mr. Romesh de Silva.

In a major win for SAITM in 2017, the Court of Appeal ruled in their favor. Judges Vijith K. Malalgoda and S. Thurairaja ordered the SLMC to register Ms. Suriyarachchi, validating the MBBS degrees. But their victory was short-lived. The then-president of the SLMC, Prof. Carlo Fonseka, refused to accept the decision and appealed it. This dragged the case through the Supreme Court for another year and a half, leaving the graduates in limbo. 

The wait became agonizing for the SAITM graduates. Their dreams of medical careers were put on hold amidst intensifying protests from government medical students and doctors. The country seemed divided, with 80 young graduates fighting for their legitimate right to education and employment.

In an attempt to quell protests, President Sirisena absorbed remaining SAITM students into the Kotalawala Defence University in 2018, effectively shutting down the college. However, the Government Medical Officers Association (GMOA), the Inter-University Students' Front, and state medical students continued their demonstrations. They spread leaflets and banners with slogans like "Upadi Kade" (Degree Shops) and "Hora Dosthara" (Rogue Doctors), stirring public fear against SAITM graduates. Despite a September 2018 Supreme Court verdict by Justices Wanasundara, Perera, and Jayawardena upholding the lower court's decision and ordering Ms. Suriyarachchi's registration, the Sri Lanka Medical Council (SLMC) threw up another hurdle by demanding a new online application. This bureaucratic delay led to contempt charges against the SLMC.

As the crucial February 2019 internship intake loomed, the graduates faced another blow. Despite the favorable Supreme Court judgment, the Ministry of Health shockingly excluded SAITM graduates. They sought legal help, but their lawyer refused to challenge the omission. Months dragged on with postponed court dates, and with Chairman Dr. Neville Fernando's resources depleted, the fight seemed to stall. However, the graduates remained determined. They found a beacon of hope in Mr. Upul Jayasuriya PC, who generously offered his legal expertise free of charge.

Three graduates, Shane Halpe, Diluka Panduwawela, and Kavindya Marapana, became the petitioners in a new case (SC/FR/54/2019). With their futures hanging in the balance, they filed an injunction to halt the internship intake until SAITM graduates were included.

On the day of the final hearing, tension filled the air at the Supreme Court. The fate of 270 graduates, both state and foreign, hung in the balance alongside the futures of the SAITM graduates. In a landmark decision, the Court ruled in favor of the SAITM graduates, granting the injunction and stopping the internship intake.

While this was a victory for the SAITM graduates, it caused anger and despair among the other aspiring interns. The injunction was eventually lifted after a month, but not before Mr. Jayasuriya secured a condition: the SAITM graduates would retain seniority alongside the new interns.

The legal battle dragged on for months, reaching its climax on August 5th, 2019. The Supreme Court justices, Buwaneka Aluvihare, L.T.B. Dehideniya, and Padman Surasena, delivered a landmark verdict. The court ruled in favor of the SAITM graduates on all counts. The verdict condemned the Sri Lanka Medical Council (SLMC) for violating the graduates' fundamental rights to equality and the freedom to pursue their chosen profession, as guaranteed by the Sri Lankan Constitution (Articles 12(1) and 14(1)(g)). It ordered the SLMC to provisionally register the graduates under the Medical Ordinance (Section 29(2)). The verdict further declared the Ministry of Health's exclusion of SAITM graduates from the internship program illegal and directed their inclusion. The SLMC was also ordered to compensate the three petitioners with Rs. 200,000 each and to ensure the SAITM graduates maintained seniority alongside the other interns. The court mandated the implementation of this verdict within three weeks.

Justice, though delayed, was finally served. Years of suffering culminated in immense joy and a renewed faith in the justice system. The doors were finally open for a brighter future for the SAITM graduates.