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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S.
National Testing Agency – Appellant
Versus
Malavika Suresh – Respondent
| Table of Content |
|---|
| 1. background of writ petition and impugned interim order. (Para 1 , 2 , 4) |
| 2. parties' arguments on interim relief merits. (Para 5 , 6 , 7 , 8) |
| 3. precedents prohibiting final relief as interim measure. (Para 10 , 11) |
| 4. interim order set aside; writ petition to proceed. (Para 12 , 13) |
JUDGMENT :
Anil K. Narendran, J.
The 2nd respondent in W.P.(C)No.11517 of 2026 has filed this writ appeal, invoking the provisions under Section 5 (i) of the Kerala High Court Act , 1958, challenging the order dated 30.03.2026 of the learned Single Judge in that writ petition. The 1st respondent herein-petitioner has filed that writ petition, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India , seeking a writ of mandamus commanding respondents 1 to 3 therein to accept her application and to permit her to appear in the National Eligibility cum Entrance Test (UG) 2026 [NEET(UG)-2026] conducted by the 2nd respondent National Testing Agency (appellant herein) scheduled to be held on 03.05.2026, by extending the time for remittance of examination fee; a writ of mandamus commanding respondents 1 to 3 therein to allow the petitioner to remit the e
Interim orders cannot grant final relief in writ petitions without considering balance of convenience and public interest.
The court cannot compel examination authorities to accept applications or fees after the official deadline, as such intervention disrupts established selection processes and undermines the integrity ....
An interim order affecting substantial rights qualifies for appeal under Section 5(i) of the Kerala High Court Act, 1958, especially when it seeks to enforce final relief without a substantive hearin....
The jurisdiction of appeal is limited where the underlying writ petition has already been resolved.
The court found consideration of the writ appeal on merits unwarranted, as the interim order was effectively moot due to developments in the related writ petitions.
The court held that postponement of scheduled examinations requires manifest arbitrariness to warrant judicial intervention, and mere hardships faced by some students do not suffice to disrupt establ....
The interim order of payment of salary to the petitioner as Professor stands due to prior approvals; the appeal is dismissed as moot.
The court determined that interim orders made prior to the conclusion of the substantive case are not grounds for continuous appeals.
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