Badariah Sahamid JCA (Majority):

Introduction

[1] This is an appeal against the decision of the High Court in Kuala Lumpur dated 14 May 2018, which dismissed the Applicants application for judicial review with costs.

[2] My learned brother Ahmadi, JCA and myself affirmed the decision of the learned High Court Judge and dismissed the appeal with costs, while my learned sister, Mary Lim Thiam Suan, JCA held a dissenting view.

Judicial Review Application

[3] The application for judicial review had sought primarily for the following relief:

(a) certiorari to quash the conditions imposed by the Respondent in its decision contained in its letter dated 2 May 2017 where, having agreed to confer on the Applicant the degree of Doctor of Philosophy, (PhD) it required the Applicant to submit his final thesis with a publication date in 2017;

(b) certiorari to quash the decision made by the Respondent contained in its letter dated 23 June 2017 for failing the Applicant (gagal keluar) in the degree of Doctor of Philosophy merely on the basis that the Applicant failed to submit his thesis with a publication date in 2017;

(c) a declaration that it was neither reasonable, rational nor proportionate