KUALA LUMPUR: Six pathology graduates from Universiti Sains Malaysia (USM) are pursuing a judicial review against the Malaysian Medical Council (MMC) in their bid to be registered as specialists.
Their action followed the MMC's decision to deny their enrollment in the National Specialist Register (NSR), which they then could not practise as specialists in the country.
In the affidavit seen by the media, the plaintiffs argued that the MMC's refusal to include them in the NSR was "unreasonable and irrational", and constituted misconduct by the medical regulator.
They contended that not being listed on the NSR would hinder their career and potentially disqualify them from pursuing sub-specialisation in medical genetic pathology.
"The MMC's decision has significantly affected our livelihood and has broader implications for public medical services," they said.
Thus, the six doctors are seeking intervention from the High Court to overturn the MMC's decision, assert their compliance with registration requirements, and compel the regulator to register them.
The judicial review application was submitted to the Kuala Lumpur High Court on Nov 16 last year, with the court granting leave on Jan 3. The case is scheduled for hearing on June 20.
The doctors argued that despite the USM programme being recognised by relevant ministries and accredited by the Malaysian Qualifications Agency (MQA), the MMC had refused to acknowledge their qualifications.
The MMC, citing Section 14 of the Medical Act 1971, contended that the USM programme did not meet their criteria for inclusion in the NSR.
"The government fully funded the four-year programme through scholarships, with graduates obligated to serve a seven-year bond. Failure to register us with the NSR undermines the purpose of these scholarships and the publicly-funded USM programme," the plaintiffs said.
"Furthermore, the government continues to offer scholarships for enrollment in the Master of Pathology (Medical Genetics) programme at USM. MMC's refusal to register specialists from this programme is unjustifiable, unreasonable and irrational."
In response, MMC chief executive officer Dr Anas Hussain defended the regulator's decision not to recognise the doctors, citing compliance with the Medical Act 1971's requirements.
Dr Anas attributed the issue to USM's failure to register its genetics pathology programme for recognition as a specialist course and postgraduate qualification, as mandated by a 2017 amendment to the Medical Act.
"MMC is not obliged to recognise the course solely because the students were government-sponsored," Dr Anas said.
The six applicants are represented by Lee Hishammuddin Allen & Gledhill, while Kanesh Sundrum & Co are representing the MMC.