S. M. S. P. Sathkumara vs. Ministry of Health et al. – CA WRIT/292/2021-2022

In the case between S. M. S. P. Sathkumara (Plaintiff) and several Ministry of Health officials including Dr. S. H. Munasinghe, Dr. A. K. S. De Alwis, and Dr. Asela Gunawardana (Defendants), the court addressed the issue of whether the Court of Appeal possesses jurisdiction under Article 140 of the Constitution to issue a writ of Mandamus in relation to hospital transfer and appointment disputes, notwithstanding the limitations imposed by Article 61A pertaining to decisions of the Public Service Commission (PSC). It was determined that the internal administrative decisions regarding the Petitioner’s hospital assignment and specialist transfer orders did not constitute PSC rulings and thus were not precluded from judicial scrutiny by the constitutional ouster clause. Interim relief previous