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Report of the Committee appointed to look into the matters related to

the proposed Private Medical School (SAITM) at Malabe

A five member Committee was appointed by the Hon. Minister of Health comprised of

the following to look into the matters related to the Private Medical School (SAlTM) at

Malabe with the following terms of reference (1):

Composition of the Committee:

1. Dr. Ravindra Ruberu, Secretary, Ministry of Health

2. Dr. H. R. U. lndrasiri, (former DOG (ETR))

3. Prof. Jayantha [ayawardana, Director (PGIM)

4. Dr. Palitha Abeykoon, former Director - \NHO

5. Mrs. A. R. Ahamed. Legal Officer, Ministry of Health -

Chairman

Member

Member

Member

Member

The terms of reference:

1. To study and produce a report which would clarify all issues related to the

establishment of the Private Medical School (SAITM) Malabe as a Legitimate

Medical School qualifying to apply for SLMC registration.

2. To compile all published information and correspondence related to the above

Medical School in a chronological order to clarify the sequence of events to date.

Dr. 1 . B. J . Dias, Medical Officer attached to the Secretary's office served as the

Rapporteur of the Committee.

The Committee held 8 sittings on 29.09.2011; 21.10.2011; 03.11.2011; 14.11.2011; 18

.11.2011; 25.11.2011; 13.12.2011 and 01.02.2012. Several oral representations were

invited from the stake holders: i.e. Sri Lanka Medical Council, GMOA, the SAlTM, the

parent groups to obtain their views and comments that pertain to the current issues

regarding the medical education programmes at SAITM. These have been summarized

in the report. Written representations were called from all the parties SLMC, SAITM,

BOr and the GMOA and they responded in writing. The Committee also studied indetail the documents submitted to it by the SAlTM, SLMC, BOl, GMOA and the

documents available at the Ministry of Health.

Although the authorities of SAlTM made written requests to the Hon Minister of Health

and Secretary of Health for a visitation to observe the facilities at SAITM (2), the

Committee decided not to pay a visit to SAl M as it felt that the TOR of the Committee

did not necessitate such a visit. Furth r the Committee was of the view that such

observation fell within the purview of the SLMC and the UGC

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Background Information

The following summarize the developments related to the establishment and the

communications that SAITM has had with the BOI, SLMC Ministry of Health, UGC

and Nishny Novogorod State Medical Academy (NNSMA).

1. Application made by Dr. Neville Fernando to the BOI on 17.03.2008 (3) to

register Asian Institute of Technology and Management and it should be noted

that at this juncture of seeking approval, the entrepreneur had indicated clearly

their business venture is to provide training programmes in:

(i)

(iii)

(v)

(vii)

Information Technology

Engineering

Nursing

Health Sciences

(ii)

(iv)

(vi)

Management and Finance

Vocational Studies

Languages and

Obseruation: There was no M edicine involved at this time. Therefore, the Com mittee

notes that at the inception South Asian Institute of tech.nologrj and Management

(SAITM ) w as established uiithcut a M edical D egree P rogramme.

2. The BOI granted approval vide their letter dated 31.03.2008 (4) subject to certain

conditions including the following;

Condition 5 of the BOI letter says, "The enterprises should obtain approval from

the Ministry of Healthcare and Nutrition prior to providing training in Health

Sciences" .

Condition 9 stipulates, that, "the enterprise is permitted to offer Degrees onJy

after affiliating to a recognized foreign University with the prior approval of theBOI",

Obseroationl : F orm al approval of the MOH had not been obtained prior to

comm en cem ent as ha s b een in stru cted by tile BOl.

Observation 2: At this stage there is no evidence of all a ffilia lio n to a r ec ogniz ed fo re ig n

U iliv ersity fo r H ea lth S cie nce s.

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Dr. Neville Fernando writes to Balon 21-5-08 (5) informing them that he has

"made representations to Hon Minister of Health (6), PresidentjSLMC (7 ) and

ChairmanjUGC" (8).

Observation 3: Only the letters written b y Dr. Neville Fernando arc attnched but not

the responses of the MOH, UGC and SLMC to th es e letters.

3. On 24.06.2008 Dr. Neville Fernando wrote to BOl asking for a name change to

South Asian Institute of Technology and Management instead of Asian Institute

of Technology and Management (9).

4. On 24.06.2008 BOr writes to Dr. Neville Fernando, seeking information on the

delay to communicate with them within the stipulated period (10).

5. Dr. Neville Fernando on 25.6.2008 r quests an extension of a further 2 months to

obtain the required approvals (11) and the BOI grants such approval of 2 months

from 25-6-08 (12) .

6. BOl by its letter of 30.06.2008 (13) informed SAITM that the Project has been

ratified on 13.06.2008.

7. An Agreement was signed with SAlTM and BOlon 01.10.2008 (14). It is to be

noted that the conditions mentioned as items No.5 and 9 of the letter dated

31.03.2008 is reiterated in this Agreement under clause 10.

Observation: The Committee observes thnt 2 batches have been admitted by then but 11 0

approval from the M inistry of Health or SLM C had bcen obtained.

8. An MOU was entered between SAITM and NNSMA (Nizhny Novogorod state

Medical Academy) dated 21.01.2009 (15) outlining the responsibilities of the two

partiers as a cross border arrangement. It further states that "on graduating

students are awarded with degree of Medicine, SAITM with collaboration of

NNSMA. In case of transferring students and graduating from NNSMA a

graduate is awarded with a degree of NNSl\1A".

9. An agreement was entered between SAITM and NNSMA on 01.6.2009 with the

following conditions (16):

(i) "NNSMA in collaboration with SAITM organizes, conduct and improve the

course of students training in general medicine on the basis of SAIT.rvIin Sri

Lanka".

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( i i ) "Training with in the course is conducted in accordance with the curriculum,

programmes and training technologies applied in NNSMA at students

training in general medicine in English medium".

(iii) "Training within the course must correspond to the current requirements ofMedical Science and Practice, local documents applied in Sri Lanka and

requirements of NNSMA".

(iv) "Upon obtaining the official registration of the medical faculty in Sri Lanka,

the duration of the course in SAITM is 5 years with students in take of about

100 students per year in accordance with the curriculum of NNSMA and on

completion of the course, graduates are awarded the degree of SAITM".

(v) "Upon foundation of affiliated establishment of NNSMA, it carries out the

approved training course in General Medicine in Sri Lanka by SAITM and the

Degree of NNSMA will be issued."

Observation: The Com mittee also notes though students were admitted to the above

programme, formal approval by Nizny Novogorod was granted only on 01.06.2009.

It should be observed that Degrees offered by NNSlvfA jollO"l.ving fu ll tim e training in

R ussia is rec og nized by th e SLMC for sitting ERPM in Sri Lanka.

10. Dr. Neville Fernando writes to the BOr on 26.01.2009 informing them about the

MOU entered between the SAITM and NNSMA and stating further that SAITM

had been able to affiliate with NNSMA to offer a Doctor of Medicine (MD)

Degree. He informs BOr that the duration of the course is 5 years of which four

years are in Sri Lanka and one year in Russia. He also mentions that, II the Health

Ministry approval has already been obtained according to clause lOa of the

agreement dated 1.10.08 (17)".

Obseroation: Contrary to the above statement, no formal approval has b ee n re ce ive d

from the MOH .

11. The BOl requests Dr. Neville Fernando on 13.02.2009 (18) to obtain approvals

from uec, SLMC, Ministry of Higher Education and the Ministry of Health. This

letter dearly states that BOr is, "not granting approval to undertake medica1

training leading to the Doctor of Medicine degrees".

Dr. Neville Fernando in response to the above letter writes on 25.02.09 (19) that

approval of the Ministry of Health had been obtained by copying a letter dated

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07.1.2009 from Dr. Amal Harsha De Silva who was the Director of Private Health

Sector Development of the Ministry of Health at that time. The letter (19A) states

that, "the Ministry of Health approves the project in principle" and also

"congratulates SAlIM on establishing a High Tech Hospital for Teaching in

Malabe".

O bserva tion: There is no indication that authority has been granted at the policy level of

th e Mil1istnj o f Health .

In respect of the uec approval, the uec by letter dated 12.06.2008 replies to

SAITM stating that "establishments of private institutes does not come under the

purview of the UGC" (20).

O bseroation: Irrespective of the above state of affairs, D r. N eville F ernando w rites to the

BOl in the above m entioned letter 2 5.02.2 009 that all necessary ap provals are obtained.

12. On the basis of Dr. Fernando's observations given above, on 2S.02.2009 the Bar

has requested the SAlIM to "commence operation of your institute" (21).

13. The South Asian Institute of Technology and Management (Pvt) Ltd has changed

their name to the South Asian Institute of Technology and Medicine (Pvt) Ltd

with effect from 2S.02.2011. The Memo of Bar ex Director - Legal and a copy of

the company Registration attached (22 and 22A).

Correspondence re SLMC Recognition

14. The SLMC on 26.02.2009, in reference to a letter of 16.2,09 from SAlTM, replied

stating that the MD degree of NNSMA, conducted in Russia, was already

recognized by the SLMC and has sought information with regard to the course of

study, staffing, accommodation and facilities for training (23).

SAlTM replied on 21.04.2009 and submitted the details regarding syllabus,

curricula, course content of the programme of study. They had planned to relyon the private medical health Institutions for clinical training from the 4U 1 term in

the 2nd year and continuing into the 3rd, 4th and 5th years. Clinical training in the

Sth year will be in institutions attached to NNSMA (24).

15.On 15.0S.2009 the Chairman SAlTM writes to SLMC (2S) reminding them of the

earlier letter of 21.04.2009 and that they expected a reply recognizing the 4 years

local training programme for the very reason that the MD degree of Nizhny

Novogrod is recognized by the SLMC and the GMC of UK.

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On 28.05.2009the SLMCwrites back to SAITM (26)stating the fact that the SLMC

has recognized the MD degree awarded by NNSMA of Russia where the entire

course is conducted in Russia for a 6 year period and they have not recognized

any other prograrmne conducted in Sri Lanka or elsewhere by the NNSMA.

Further SLMC states that, "the regulations for prescribed standards for the

recognition of institutions awarding degrees other than a University established

by the Higher Education Act No.20 of 1966 have been gazzetted but have not

been passed by parliament". It further states that when these regulations are

passed by parliament, SAITM could apply to SLMC who will then determine

whether SAITMmeets these criteria for recognition.

16.Thereafter, the SAITMon 17..06.2009wrote to SLMC stating the fact that they will

commence the course on 07.09.2009and that once the prescribed standards are

accepted by parliament they will apply to SLMC to pay a visit and ascertain the

standards prescribed (27).

Observation: It appears that the course has com menced prior to any formal approval or

agre ement fr om SLMC.

Once again on 31.7.2009, SAITM wrote to SLMC stating that, "SLMC is

statutorily obliged to recognize such medical degree proposed to be conductedby me at the said Malabe campus" and requested SLMC to continuously monitor

the medical school until the gazette on prescribed standards is approved by the

parliament (27A).

17.The SLMC on 19.02.2010wrote to SAITM placing on record that SLMC is unable

to grant recognition to Malabe Medical College of SAITM or to the Medical

Degree that Malabe Medical College plans to obtain through the training

programme between Malabe Medical College and NNSMA. They have very

clearly reiterated that in accordance with the Medical Minute, there is (in fact) no

legal provision by which requisite recognition could be granted (28). The SLMC

has also informed SAITM that they had not yet received any information from

NNSMA with regard to the official affiliation to SAITM and requested SAITM to

"inform any interested and concerned parties of this factual position to ensure

that no one is misled".

This position of SLMC was contested by SAITM in their letter to SLMC dated

14.06.2010 (29), and refers to a letter from NNSMA dated 2.3.2010 (29A), wherethey approve the training conducted at Malabe.

Obseroation: Students had been adm iiied to Malave i1 1 September 2009 althoug): IIIc

official confirmation of th e a.ffiliatioll w ith Mnln be by NNSMA u ias o llly on 2.3.201 0

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18. InAugust 9th of 2010, the SLMC sent a letter to the Secretary Health stating the

fact SLMC is of the view, based on legal opinion, that SAITM cannot exist as the

off shore campus of the NNSMA of the Russian Federation and that it may exist

as a degree awarding institute as referred to in the Universities Act (Section 25,

70A, 70D of part IX A) and also in the Medical Ordinance (30). On the same date

a meeting was held in the MOH, chaired by Sec/Health and attended by the

officials of the MOH and the SLMC where the status of Malabe Medical school as

an offshore campus and possible methods of getting recognition were discussed

(30A).

19. SLMC has made a number of queries from the BOI vide their letter dated

29.07.2010. It had requested information on BOI approval, and the status of its

recognition of SAITM (31).

The BOI had replied on 09.08.2010 wherein it is stated that the approval of

SAITM was made on the condition that it obtains MOB approval prior toproviding training in Health Science, that the initial application did not include a

medical school, that it was a 100% local venture (and not jointly with NNSMA)

and also provided some additional information. (32).

Obseruations: Based on these two communications the following conclusions can be

made:

1. In the original applications of SAlTM there was no proposal re-setting up a medical

school.

2. There were 110 applications submitted jointly 'w ith N izlmy Noogorod and SAITM to

se t up an of! share Campus in Sri Lanka.

3. Even NNSMA did not apply for a separate BOJ approval for an off share campus in

Sri Lanka.

4 . SAITM application w as never referred to an. Educational AutJlO ril:1}for scrutiny.

20. The SLMC, referring to an advertisement in a newspaper on recruitment of staff

to the Sri Lankan Campus of NNSMA, has informed the uec on 26.08.2010 that

no one can set up a campus in Sri Lanka without complying with the stipulations

of the University Act as enumerated in section 21, 22 / 23, 25 A, 26 and 27 and

that doing so would commit an offence under section 128 of uec (33).

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21.The Governor of the Western Province on 13.10.2010 in his letter to Provincial

Director, WP, has granted his approval to the SAITM and has further stated that

he allocates Homagama, Avissawella and Talangama Hospitals for practical

training, as recommended by the Provincial Director (34).

Observation: However the said arrangement for clinical training in fact d id not

materialize.

22. An MOU was signed between the provincial Director of Health Services and the

Chairman SAlTM on 27 April 2007 outlining the roles and responsibilities and

the obligations regarding the development of hospitals, patient care, facilities for

the hospital staff and the teaching staff (34A).

The SLMC response to the advertisements of SAITM

1. On 10.05.2009, Sunday Times and a number of other newspapers hadadvertisements calling for applications to Malabe Medical College affiliated to

NNSMA and recognized by UK and SLMC. Again the "Sunday Observer" of

28.06.2009 carried an advertisement titled "Malabe Medical College affiliated

NNSMA recognized by GMC UK." It adds that "the programme will be closely

monitored by SLMC for compliance with standards according to Law." (35 and

36)

2. The Sri Lanka Medical Council has taken precautions and informed the public by

publishing a Counter Notice to the general public to the effect that there is no

legal provision under t~e Medical Ordinance (Chapter 105) for the SLMC to

monitor the Medical Education Programme at the Malabe Medical College of

SAlTM or to recognize the degree that may be awarded at the end of that

planned Medical Education Programme. These were published in the Daily

Mirror, Veerakesari, Lankadeepa, Sunday Observer, Sunday Island, the Island

and the Daily News (37,38 and 39).

3. Similarly when there was an advertisement placed by NNSMA on SundayObserver of 22.08.2010calling for academic staff to the Nizny Novogorod State

Medical Academy, SLMC also had to place a Counter Advertisement in the

Sunday Observer 29.08.2010(40and 41).

Observations: The SLMC had repeatedly cautioned the general public w ith respect to the

legal position of SAITM as the latter had publislJed advertisements "(uith nnsleading and

incorrec t information .

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Granting DEGREE AWARDING STATUS to SAITM by Gazette Notification

Dated 30.082011 (42)

1. Section 70 C and 70D of the University Act enumerates the procedure that is to

be followed in granting degree awarding status to an institution. As per sec 70e

the Minister shall obtain a report from the specified authority in relation to such

institution including the Educational facilities provided therein. Sec. 70 0

describes the power of the specified authority, inter alia it would have to

determine the requirements for admission of students, course of study,

examinations to be held, number of students to be admitted, qualifications of

faculty staff, facilities to be provided and academic standards (43).

2. A team from the specified authority (UGC) visited SAITM in November 2010.

This team was arranged by the Hon. Minister of Higher Education as a fact

finding mission to look into the issues faced by SAITM. The status ofSAITM at the time of the visit is contained in the Report of Committee dated

19 Nov 2010 (44). The Committee made a "quick assessment" of the Governance

structure, medical academic programme and facilities and common amenities

available. They pointed out the options available to SAITM and made

recommendations to the MOHE and UGC, MOH and for SAITM.

The report of the Committee has suggested that the UGC works out a 2 step

process for Degree Granting status, and MOH releases hospitals for clinical

training etc. The two steps recommended were to first grant degree

awarding status to an institute and second, to grant approval for individual

study programmes. The team also suggested that SAITM continues the cross

border arrangement until the degree granting status is approved.

Obseruation: The UGC Document entitled, "Guidelines and application for obtaining

Degree Awarding Status for state and non state higher education institutes has listed the

second step as "oataining a compliance certificate" from the relevant professional body

(45).

3. Further, a programme review and an Institutional review were conducted inFebruary 2011and in April 2011(46and 47).

This review is comprehensive and the Team has indicated the key areas in which

improvements and documentation is required and recommends another review

in 6 months time" to consider the SAITM for Provisional Recognition in six

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months". The key areas where further information was sought and

improvements suggested included:

Admission criteria, that minimum requirements to be adopted

Academic programme

Quality assurance

Staff and facilities, particularly the clinical training facilities

Student support services

4. The final report of the Institutional Review conducted on behalf of the Quality

Assurance and Accreditation Council of the UGC by a team nominated by the

UGC was submitted in Apri12011 (47).This team made 13 recorrunendations that

were to be "duly satisfied" to consider the SAITM for provisional recognition in

SIX months. These included the development of a comprehensive Corporate

Plan, documentation of the rules and regulations pertaining to academic,

administrative and financial procedures, having UGC nominees in the SAITM

Council, Full time Deans and Heads of departments, schemes of recruitment,

quality assurance and some recommendations related to the nature of the

business.

Observation: T7wugh th e SLMC subm issions have indicated that although two of their

members participated in the m ission and that they had a different VlCW a bo ut c erta in

conclusions w hich have not been reflected in tile R eport (4 8)..

5. The final Programme Review Report was submitted on 01.07.2011has made the

following observations (47A):

Objectives of the academic programme are not clearly mentioned and the

number of consultants and clinical hours are not specified

SLMCregistration number of the consultants to be indicated

Minimum qualifications expected of the academic staff to be specified.

Detailed financial plan for 5 years to be submitted with required

provisions for capital expenditure

More details and information on clinical training facilities to be provided.

MOD signed with the MOH does not indicate an action plan or a proper

time limit.

Observation: The MOU that has been signed betw een th e Provin cia l D ire cto r of Healiu

of the W estern Province and Dr. N eoille Fernando is in terpreted as an agreement 'with

th e MOH. It is a lso obseroed that no attempt has been m ade to reaci: a con se nsu s withth e MOH (fine M Inistry) under whom th e consultant teaching staff and t he d irec tora te s

of special campaign are assigned.

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The Gazette Notification was issued under section 28A dated 20.08.2011,

recognizing SAITM as a degree awarding institution "having obtained a report

under Section 70 C of the Universities Act NO.16 of 1978", which is inreference to

above Committee (G azette N otification) (42J.As per section 26 of the universities

Act, Part IV , any such order (Degree awarding status) shall come into force on

the date specified therein and shall thereafter be tabled in Parliament as soon as

possible.

Observation: The G azette N otification stipulates many conditions to be fulfilled by the

SAITM and it appears to be provisional. Haueter, it is evident flint the gazette does not

"ave an operational date specified.

According to the submission by the SLMC, the order of Gazette is premature for

the very reason that it is not in conformity with the recommendations of the

inspecting teams appointed by the specified authority (48).

The discussions with the GMOA

The GMOA in their submissions put forward a number of concerns regarding the

SAITM. These included:

Non issuance of a letter of enrolment to the students

Inconsistency of the letters issued by the NNSMA, being on differentletterheads and signatures.

Further Recruitment of students to be suspended until the matter is~i"'t:.>d.

Reimbursement of the parents who wished to remove their children from

SAITM

Non transparent manner of conduct of the SAITM and the varying stances

adopted by SAITM from its inception

SLMC to be given more powers in relation to recognition of medical

schools by amending the medical ordinance.Minimum prescribed standards to be introduced as soon as possible

Entry criteria for student admission and the non availability of clinical

facilities.

Further, they objected to the students admitted prior to the Gazette Notification

being permitted to rejoin the course as new students on the basis of the initial Z

scores. They also suggested that the students admitted prior to the gazette

notification be requested to follow the MD course in Russia.

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The discussion with the parents

1. They were guaranteed the MD degree and SLMC registration by SAITM

authorities.

2. Acceptance / agreement letter not given at the time of registration, later given

valid for one year

3. Did not get a clear assurance that the SAlTMwas officially affiliated to NNSMA

4. Verbal indication from SLMC that if the criteria were met, the degree could berecognized

5. Neither proper clinical training nor facilities- Can a government hospital be

given for this purpose?

6. Satisfied with the lectures and the theoretical teaching at SAITM

7. Asked whether the government could tran.sfer the best students to government

medical school.

8. Concerned whether the Gazzette notification would include the first 4 batches of

students.

The discussion with the officials of SAITM

The Committee requested clarification of some of the contents of the written and

documentary submissions that had been made earlier by SAITM.

In addition, the following points were presented by the SAlIM officials to the

Committee:Upon inquiry regarding their fulfilling the BO I requirements, they

informed the Committee that they had written to MOH, SLMC and UGc,

out of whom only UGC had replied (20).

Mentioned that the SLMChad given verbal concurrence.

The letter from the Director, Private Health Sector Development dated

was considered by them as the MOH concurrence (49).

The NNSMA had informed them that the programme would consist of 4

years of study in Sri Lanka and one year in NNSMA.

The SAlTM officials had informed the students and their parents of theabove arrangement at the interviews held for recruitment of students.

The officials of SAITM mentioned that in the discussions between the

Chairman SAlTM and SLMC they had been receiving favourable verbal

responses, which had encouraged them to proceed.

They had relied on the letter from the Governor, Western Province, to use

government hospitals for the clinical training for the students (34).

They expressed confidence in meeting the conditions stipulated in the

Gazette notification, including the teaching hospital, as per the timelines

that have been given.

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On a question posed to them, the officials admitted that they had admitted

two students who did not meet the current SLMC criteria for admission

and that they will ensure this will not be repeated.

Discussion with the delegates of UGC

The role of uec commences at the stage of degree awarding status althoughSAlTM had requested degree awarding status as far back as in 30.09.2008. Since

uec is not involved in the establishment of private institutes a letter was sent to

the SAITM in this regard (20).

Then, on 25.01.2011 a Subconunittee of the UGC was appointed to process the

reapplication which was made by the SAlTM on 19.11.2010.

The process of degree awarding status is well defined in the UGC Act. Accordingto the said Act, uec is the specified Authority. According to the said procedure

UGC conducted an institutional review, a project review and a subject review.

The final report of these reviews was submitted on 1 July 2011 (47A)

This report was submitted to the Hon, Minister of Higher Education and the

gazette date 30.08.2011 was issued by the Minister thereafter.

On a question as to whether the gazette is provisional or conditional they stated,

that it is neither provisional nor conditional but an order of degree awarding

status. The date of operation is the date of signing by the Minister i.e. on

29.08.2011 and it was gazetted on 30.08.2011.

Progress after the Gazette:

According to UGc, SAITM had already complied with the conditions 1-7 of the Gazette

notification. They have informed UGC that they will complete the Hospital by April2012. They further stated accommodating the 4 batches already recruited before the

Gazette Notification will not be possible for Uec. However, with regard to backdating

the date of operation of the degree awarding status of the SAITM, the Attorney

General's advice is still pending. On the question of whether uec was consulted with

regard to the SAITM being an offshore campus of NNSMA, they stated that the uechad no provision legally to approve any offshore campus.

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Legal opinion on the status of the degree offered by SAITM

It should be noted that the when UGC sought an opinion from the Attorney General

Deparhnent on the interpretation of the Medical Ordinance and the Attorney General

vide his letter of advise dated 02.12.2010 (50) stated that, "I have considered the

material made available to me and observe at the outset that SATTMprepared students

for the MBBSdegree awarded by NNSMA of Russia. It is further observed that the

degree awarded by the said Academy has been recognized by the Medical Council and

the students who obtain the degree are permitted to sit the examination for registration

as a medical practitioner. In the context of the above I am of the opinion that there

would be no legal impediment to recognize the students who are prepared by SAITM

for the award of the medical degree for the award of the medical degree of NNSMA, to

sit the examination for registration as a medical practitioner" ..

Observation: It is to be noted that the Attorney G eneral's advice has been based on the nuuerini

made auailnble to him . IN hetller the classification of offshore campus or the powers of SLMCunder the existing provisions of the M edical O rdinance w ere provided to the AG is not kno um .

However the independent Legal Expert of SLMCvide her advice dated10.09.2009 states

as follows (51):

"As per item B1.06 of the advice, MBdegrees awarded by entities outside the territorial

limits of the Sri Lankan states are eligible for recognition, and that, too provided the

medical education programme leading to that degree has also been conducted outside

Sri Lanka. Any other interpretation would render meaningless the words in sub

paragraphs (bb) of section 29~(1)(b) (II), which gives the criteria for registration which

enjoin that the MB degree which makes a holder eligible for registration under the

section must be that of 'any University or Medical School of any country other than Sri

Lanka'. The words are quite unambiguous and therefore the courts will not resort to

interpretation" .

Observation: Even though the Attorney G eneral has advised contrary to the opinion expressed

by SLMC's Legal C onsultant regarding the recognition of MD Degree by SLMC, there is nochnllge in tile SLMC's official position on this m atter.

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OBSERVATIONS

1. At its inception SAITMwas established without a medical school as a BO! approved

entrepreneurship.

2. The BOI has given approval on the condition that the MOH approval is obtained by

SAlIM prior to commencement of any course on health sciences.

3. Even though the Attorney General has advised contrary to the opinion expressed bySLMC's Legal Consultant regarding the recognition of MD Degree by SLMC there is

no change in the SLMC's official position on this matter as the Medical Ordinance

does not contain a provision to recognize a twinning programme between a

University outside Sri Lanka and a Sri Lankan entity.

4. Even though the permission of the Ministry of Health and SLMC were not obtained

by SAlIM, as requested by the BOI, there were four batches of students recruited

between September 2009 and 30 August 2011 and the status of recognition of theird gree by the SLMCis a matter of uncertainty.

5. SLMC by its newspaper advertisements, in response to repeated advertisements by

SAlIM announcing that the degree it offered was recognized by the SLMC and that

the programme would be closely monitored by the SLMC, cautioned the parents

and the general public regarding the true status of a medical degree granted by the

SAlIM.

6. As per the Gazette Notification the Degree awarding status had been granted on 30

August 2011, subject to many conditions. In the absence of an effective date

mentioned in the said gazette it is to be treated as the Minister of Higher Education

had given the Degree awarding status prospectively.

7. It should be noted that even after the newspaper announcement of the Secretary of

MOH advising SAlTM to suspend the enrolment of new students to the MBBS

Degree until the MOH studied the situation and the issues were resolved, SAITM

has made a public advertisement to enroll 5U 1 batch of students.

8. In spite of repeatedly being cautioned by the SLMC regarding the real status of the

degree to be granted by SAITM the parents have continued to enroll their children

in response to the advertisements put out by SAlIM.

9. Following the issuing of Gazette notification on granting the Degree awarding status

a batch of students has been admitted by SAITM before applying for obtaining

accreditation for the new MEBSDegree from the SLMC. In this batch of studentsit

appears that at least 2 students do not satisfy the new minimum admission criteria

laid down by the SLMC

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CONCLUSIONS

Establishment of SAITM as a legitimate medical school qualifying to apply for

SLMC registration

1. Students enrolled prior to the Gazette notification

The following are the possible options that could be offered to management, parents

and students for consideration:

a) To continue the present M D prograrrune according to the present prospectus.

However they must be informed that it seems very unlikely that they will be able

to sit for the ERPM and obtain SLMC registration to practice in Sri Lanka.

b) To proceed to Nizny Novogrod and commence the training as a new student

after ensuring the minimum GCE(A level) requirements prescribed by the SLMC,

complete the entire course, pass the MO, and return to Sri Lanka and apply to sit

for the ERPM.

c) Strictly subject to the SLMC approval and without this leading to any precedent,

as a concession to the students who have met the SLMC eligibility criteria for

admission to a medical school overseas, to explore the possibility of considering

the period lor a part of the period of training in Sri Lanka as a component of thetotal course to be undertaken in NNSMA as in (b) above.

2. SLMC recognition of the MBBS (SAITM, Malabe) Degree after the Gazette

notification of degree awarding status.

The SAITM should apply to SLMC for accreditation and SLMC should respond by

initiating the process. Whether this should be done before or after completion of the

new hospital has to be resolved by SLMC. It is desirable to commence the process assoon as possible since the students have already been admitted after the Gazette

notification and it is necessary to monitor the academic and administrative conditions.

Following the completion of the formal procedures, and as in other instances, the SLMC

should decide whether the accreditation should be denied 01" conditional accreditation

or full accreditation should be granted.

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3. Hospital and other facilities for teaching

SAlTM has to ensure that the new teaching hospital will be fully completed and fully

operational at a date agreed by the management, UGC and SLMC.

While the work on the completion of the hospital is proceeding it is important for theSAlTM to engage the Ministry of Health closely as the latter will need to play the role of

a facilitator by providing access for students to certain facilities required for community

medicine (such as a MOH division), special campaigns and supra-special units such as

cardiac and neurosurgery etc.

4. Admission of students to Medical school in the future

Admission of new batches of students in the future should be done strictly on the basisof UGC criteria and in accordance with the requirements of the SLMC.

5. Admission of two batches of students each year to SAITM

The UGC and SLMC should advice the management of SAITM to ensure that only one

batch each year is admitted for training as done in state medical faculties. Such

admissions for local students should be based on AL results of that year or the

equivalent examination as being done for admissions to the State Medical Faculties.

6. Difficulties in establishment of new medical schools.

Many of the difficulties encountered by the students, parents, MOH and the SLMC on

account of this issue were due to decision making processes being done in isolation,

with inadequate interactions, and often on verbal assurances. In certain instances it

appears that the management of SAlIM had misrepresented the true situationregarding the status of the course and the recognition of the degree.

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In the future it is desirable to take a policy decision at the highest level to establish a committee with

representatives from the BOI, MOH, SLMC and the UGC to entertain such applications collectively and

decisions should be arrived at with agreement and consensus. For practical reasons, prior to doing so it

is desirable to obtain the views of all stakeholders such as the relevant trade unions and professional

associations as well. The approval to establish a new Medical Faculty and the Degree Awarding status

should be granted only following such agreement.

Dr. Ravindra Ruberu - Chairman

Dr. H. R. U. Indrasiri - Member

Prof. [ayantha Jayawardana - Member

Dr. Palitha Abeykoon, - Member . . . . f ! 7 ! ~ t J :~ .~;(

Mrs. A. R Ahamed - Member . . . . 1 ? . . ·. .~St.~

~o i:t... ,

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ANNEXURES

• Letter of Appointment issued to the Members of the Committee ( 1 )

• The letter dated 29 November 2011of SAITM addressed to the Committee (2)

• Dr. Neville Fernando's Application to the BOI on 15.03.2008 (3 )

• BOl approval for South Asian Institute of Technology and

Management dated 31.03.2008 (4)

• Dr. Neville Fernando' letter to BOlon 21-05-2008 informing them that he

has "made representations to Hon Minister of Health President, SLMC

and the Chairman/UeC. (5)

• Dr Neveille Fernando's letter to the Hon. Minister of Health (6)

• Dr NeveiIle Fernando's letter to the President/SLMC (7)

• Dr Neveille Fernando's letter to the Chairman/ UGC (8)

• Dr. Neville Fernando's letter to BOI dated 24..06.2008(re: far a name change ta South Asian Institute of Technology and

Management instead of Asian Institute of Technology and Management) (9)

• BOI'sletter to Dr. Neville Fernando dated 24.06.2008, seeking information

on the delay to communicate with them within the stipulated period (10)

• Dr. Neville Fernando's request dated 25.06.2008 on an extension of a further

2 months to obtain the required approvals (11)

• BOI's approval to grant extension of 2 months from 27.06.2008 (12)

• BOI's letter to SAITM dated 30..06.2008 informing the Project has

been ratified on 13.06.2008. (13)

• Agreement between dated 0l.10.2008SAITM and BOI (14)

• MOU dated 21.01.2009 between SAITM and NNSMA (15)

• Agreement dated 01.06.2009 between SATTMand NNSMA (16)

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• Dr. Neville Fernando's letter to the BOTdated 26.01.2009 informing the

MOU entered between the SAITM and NNSMA (17)

• BOl's request letter to Dr. Neville Fernando dated 13.02.2009 asking the

approvals from SLMC, UGc, MoH and ministry of Higher Education. (18)

• Dr. Neville Fernando's response letter dated 25.02.2009 (19)

• Letter from Director/Private Health Sector Development dated 01.07.2008 (19a)

• uec s letter to SAITM dated 12.06.2008 (20)

• Letter from BOI granting permission to commence the operation of

SATTMdated 25.02.2009 (21)

• Memo dated 26.02.2011 of BOI Ex Director (Legal) (22)

• Company Registration in respect of the name change to South Asian

Institute of Technology and Medicine (Private) Limited (22A)

• SLMC's reply letter dated 26.02.2009 for the letter of SAITM dated 16.02.2009 (23)

• SAITM's reply dated 21.04.2009 to the letter of SLMC dated 26.02.2009 (24)

• Letter of the Chairman of the SAITM dated 15.05.2009 to the SLMC (25)

• SLMC s letter to SAITM dated 28.05.2009 (26)

• Letter from SAITM to SLMC stating the commencement the course on

07.09.2009 dated 17.06.2009 (27)

• SAITM's letter dated 31.07.2009 to SLMC (27A)

• The SLMC letter of 19.02.2010 to SAITM placing on record that SLMC

is unable to grant recognition to SAITM (28)

• SAlTM's letter dated 14.06.2010 to SLMC (29)

• Letter from NNSMA to SLMC dated 02.03.2010 (29A)

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• SLMC's letter to the Secretary Health dated 09.08.2010

(Re: stating the fact SLMCs view) (30)

• Minutes of the meeting held on 09.08.2010 with the MoB officials

and SLMC (30A)

• SLMC Letter dated 29.07.2010 to BO l regarding SLMC's queries (31)

• BOl reply letter dated 09.08.2010 (32)

• SLMC letter dated 26.08.2010 to the Chairmanj uec regarding SAITM (33)

• Letter from the GovernorjWP to PDHSjWP on 13.1.0.2010 (34)

• MOU between PDHSjWP and the Chairman SAITM dated 27.04.2007 (34A)

• Advertisement by SAITM on 10.05.2009 Sunday Times (35)

• Advertisement by SAITM on 28.06.2009 Sunday Observer (36)

• Advertisement by SLMC on 22.02.2010 Daily Mirror (37)

• Advertisement by SLMC on 24.03.2010 Lankadeepa (38)

• Advertisement by SLMC 0.104.03.2010 Veerakesari (39)

• Advertisement by SAITM on 22.08.2010 Sunday Observer (40)

• Advertisement by SLMC on 29.08.2010 Sunday Observer (41)

• Gazette notification dated 30.08.2011 (42)

• University Act (43)

• Report of ommittee dated 19 Nov 2010 appointed by the Ministry of Higher

Edu ation (44)

• Guidelines and application for obtaining Degree Awarding Status for state and

non state higher education institutes (45)

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• Programme review report/SAlTM on 24/25.02.2011 (46)

• Institutional Review, Final report 20.04.2011 (47)

• Programme review report/SAITM on 24/25.02.2011 and 01.07.2011 (47a)

• SLMC submission to the committee (48)

• Preliminary approval letter by Director/Private Health Sector development to

SAITM (49)

• Opinion from the Attorney General Department on the interpretation of the

Medical Ordinance (50)

• Opinion of an independent Legal Expert for SLMC (51)

1. BOI

2, GMOA

3. MOR

4. NNSMA

5. PDRS

6, SAITM

7 . SLMC

8. WP

Board of Investment

Government medical Officers Association

Ministry of Health

Nizni Novogorod State Medical Academy

Provincial Director of Health Services

South Asian Institute of Technology and Management

Sri Lanka Medical Council

Western Province

pmc report

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