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1989 MarsdenLR 1261

EDGAR JOSEPH
DR AMIR HUSSEIN BIN BAHARUDDIN – Appellant
Versus
UNIVERSITI SAINS MALAYSIA – Respondent


Advocates:
Darshan Singh (Gurnam Singh with him) for the applicant.
NG Sivanandan for the respondent.
Solicitors: Darshan Singh & Co; Presgrave & Matthews.

Edgar Joseph Jr J

The applicant, Dr Amir Hussin bin Baharuddin, an associate professor of the Faculty of Social Science at the respondent university had applied for leave to apply for an order of certiorari to remove into this court for the purpose of it being quashed the decision of the vice-chancellor of the respondent university made in exercise of his powers under its constitution contained in a letter dated 3 May 1989, refusing to renew the applicant's term as dean of its Department of Social Science.

I would, at this point, interpolate to mention that although the application before me was for leave to commence certiorari proceedings, the appropriate relief which ought to have been sought should have been for leave to commence certiorari proceedings to quash the decision refusing to reappoint him and mandamus proceedings requiring the vice-chancellor to reappoint him as such pursuant to the provisions of s 18(6) of the Constitution. However, in the view I took of the matter, this point was without significance.

I approach this application by reminding myself that under O 53 r 3, the court exercises discretion whether to grant leave to apply for judicial review. The court is h

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