Court of Appeal quashes ten year rule, allowseleven students to sit for final MBBS

May 10, 2021

The Court of Appeal has issued an order in the nature of writ of Certiorari quashing the rule relating completion of the Bachelor of Medicine, Bachelor of Surgery) MBBS Degree within 10 years as stipulated in the Handbooks of three state universities. The Court of Appeal Justice Nissanka Bandula Karunarathne and Justice R. Gurusinghe made this order after delivering the judgment in respect of three writ petitions filed by eleven students who had registered themselves to follow MBBS Degrees at University of Peradeniya, Ruhuna and Kelaniya. They had notbeen able to complete the Degrees within the stipulated period. The Court of Appeal further issued an order quashing the cancellation of studentship of eleven petitioners by these three universities. Accordingly, writs of mandamus were issued directing the university administration to restore their studentship in terms of the law and permit the petitioners to sit for their final examinations of MBBS Degrees. The Court of Appeal observed that although the senate of the university is empowered to make regulations relating to the courses of study and examination in respect of the relevant specialties, the regulations made by the university senate are amenable for judicial review. The petitioners stated that in terms of the Examination Rules and Regulations issued by relevant universities, a student is required to complete his or her Final Examination within 10 years after registration as a student of the Faculty of Medicine. One of petitioners had informed court that at the time he entered the University of Peradeniya in 1982 to follow a five-year course in medical leading to a degree in Medicine and Surgery, the university had not published a handbook containing the rules and regulations of the Faculty of Medicine and therefore he was unaware of the fact that he had to complete his final examination within 10 years of registration.

Court of Appeal quashes ten year rule, allowseleven students to sit for final MBBS

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