DAYARATHNA AND OTHERS v. MINISTER OF HEALTH AND INDIGENOUS MEDICINE AND OTHERS | 1999 1SLR 393

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By notification in the Gazette dated 10.05.1996 the Ministry of Health called
for applications from persons desirous of following a course of training leading
to the award of the certificate of competency as Assistant Medical Officers.
Fifteen petitioners who were eligible for enrolment to follow the course of training
applied in response to the notification and sat a competitive examination conducted
on 27.12.1996; and they were so placed on the results of the examination
as to be qualified to follow the course of training. According to the scheme
published in the Gazette, the next step was the holding of an interview to
check the qualifications, meaning the checking of (1) the birth certificate,
(2) evidence of citizenship, and (3) certificates relating to educational qualifications.
That interview was not held. Then, on 18.12.1997 the Secretary, Government
Medical Officers’ Association (GMOA) informed the Minister of Health and Indigenous Medicine that they desired the provision of employment to medical graduates and saw no justification “to restart the AMP training course”; and that their members “would not participate in any component of the training programme”. Whereupon, on 11.03.1998 the Minister sought cabinet approval to fill the existing and future vacancies in the cadre of Assistant Medical
Practitioners with Medical Graduates and to offer the petitioners the option of following the course for para medical services/Public Health Inspectors, if they so desire; and by a circular letter dated 20.08.1998, the petitioners
were invited to apply for training as Pharmacists, Medical Laboratory Technologists and Public Health Inspectors. The requisite qualifications for such training and the course subjects are less than what are required for the AMP course. Besides, persons serving in Para Medical Services and as Public Health Inspectors are not eligible to seek registration under the Medical Ordinance to practice medicine and surgery whilst Assistant Medical Practitioners are eligible to seek such registration, subject to certain conditions.

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