By Chitra Weerarathne
A medical practitioner found guilty of negligence by the Professional Conduct Committee of the Sri Lanka Medical Council, has complained to the Court of Appeal that the finding was arbitrary and should be quashed by court by way of writ of certiorari.

The petitioner had obtained her MBBS in Madras and is at present, attached to the National Hospital, Colombo, the petition said.

The applicant, Jayanthi Morawaka Kularatne had said in her petition that an inquiry was held against her on a charge that on or about September 20, 1997, at Kottawa, the petitioner did negligently and/or without proper care and diligence required of a medical practitioner administered and/or injected a drug to wit suxamethonium chloride, to Kavinda Madushan Jayawardene, an infant, which resulted in the death of the infant.

The petition had said that the decision of the PCC of the Medical Council is arbitrary, null and void in law. The finding of guilt by the PCC is not supported by and is contrary to the evidence led before such committee. The procedure adopted by the PCC in concluding that the petitioner was guilty of the above charges levelled against her, was ultra vires the provisions of the Medical Council Ordinance.

The decision to strike her off the Medical Register is to be effective from July, thus permitting her to continue until such date. The petitioner submitted that this was because the PCC entertained a doubt in regard to her negligence, but nonetheless, proceeded to convict her of the charges levelled against her due to publicity given to the case by the press and on the ground of public expedience.

The petition requested court to quash the decision of the PCC to strike her off the medical register and to suspend the implementation of this order until this case is finally determined by court.

The first respondent is the Sri Lanka Medical Council, the second is its registrar, the third is Dr. H. H. R. Samarasinghe, Chairman of the Professional Conduct Committee of the Sri Lanka Medical Council.