Six Universiti Sains Malaysia (USM) graduates in pathology (medical genetics) are seeking a judicial review to compel the MMC to enrol them on the National Specialist Register (NSR) to enable them to practise as independent specialists in Malaysia.
They claim the MMC’s refusal to list them on the NSR was “unreasonable and irrational” and tantamount to misconduct by the medical regulator.
According to the affidavit, the doctors want the High Court to annul the MMC’s decision, issue a declaration of their compliance with registration requirements and compel the regulator to register them.
The six applicants claim that not being listed in the NSR would impede their career progression and potentially make them ineligible for sub-specialisation in medical genetic pathology.
“MMC’s decision has severely impacted our livelihood. The decision also carries wide ramifications in the context of public medical service,” the doctors said in their affidavits.
Their judicial review application was filed in the Kuala Lumpur High Court on Nov 16 last year. Leave was granted by the court on Jan 3 and the case is fixed for hearing on June 20.
The doctors contend that MMC is refusing to recognise their qualifications although the USM programme has been duly recognised by the relevant ministries and accredited by the Malaysian Qualifications Agency (MQA).
Citing Section 14 of the Medical Act 1971, MMC had said the graduates cannot be listed on the NSR as it did not recognise the USM programme.
The doctors said the four-year programme was fully funded by the higher education and health ministries in the form of scholarships, with graduates required to serve a seven-year bond with the government.
As such, they contend that failure to register them with the NSR would render the government scholarships and the public-funded USM programme pointless.
“It should also be noted that the government continues to offer scholarships to enrol in the Master of Pathology (Medical Genetics) programme at USM,” the applicants said.
“MMC’s decision to refuse to register specialists who graduated from the programme is incomprehensible, unreasonable and irrational.”
‘Government scholarship no guarantee of recognition’
In his affidavit in reply, MMC chief executive officer Dr Anas Hussain defended the regulator’s actions, saying it had strictly adhered to the requirements under the Medical Act 1971 when rejecting the applications.
He said the issue stemmed from USM’s failure to register its genetics pathology programme for recognition as a specialist course and postgraduate qualification as required by a 2017 amendment to the Medical Act.
Anas said MMC is not bound to recognise the course just because the students were sponsored by the government.
The applicants were represented by Lee Hishammuddin Allen & Gledhill, while Kanesh Sundrum & Co is acting for MMC.