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Appeal Court upholds cry of eye doctor
The Court of Appeal last week quashed the marking scheme for the Doctor of Medicine in Opthalmology examination where a doctor was declared unsuccessful even after she had received the required pass marks.

The petitioner, Dr. Shiranthi Perera attached to the Eye Hospital in Colombo cited the University of Colombo, Health Services Director General Dr. Athula Kahandaliyanage, Director, Prof. Lalitha Mendis Colombo University Vice Chancellor Prof. T Hettiarachchi and 75 others as respondents.

Dr. Perera said sat for the examination in April 2000 and was successful.
She said that after the examination she had to undergo a two year training programme to sit for the MD part II examination.

She alleged that from the very inception of the training programme she was subjected to undue discrimination and harassment. She said she was prevented, by the doctor-in-charge, from performing the requisite number of surgeries.

She said that with all these difficulties she concluded her MD training and sat for the examination in 2004. She said that even though she obtained 73 marks out of a maximum of 80 marks she was informed she had not been successful at the examination.

The Bench comprising Justices K. Sripavan and Eric Basnayaka directed the Post-Graduate Institue of Medicine to include the petitioner’s name in the pass list and ordered the board of studies in Opthalmology to pay Rs. 25,000 as costs.

Counsel Sanjeewa Jayawardena with Priyanthi Gunaratne and Raleev Amarasuriya instructed by G.G. Arulpragasam appeared for the petitioner.
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