JUDGEMENT

K. M. G. H. KULATUNGA, J.

1. The petitioner was an undergraduate of the Faculty of Medicine, University of Peradeniya, registered for the academic year 2009/2010. The petitioner has successfully completed the undergraduate studies and graduated, obtaining an MBBS degree. The petitioner’s basic complaint to this Court is that though she had obtained the required marks to qualify to be awarded a Second Class Lower, by obtaining the required average marks as specified in Clause XXIII of the Student Handbook. However, the Council of the University of Peradeniya has refused and not awarded the Second Class Lower to the petitioner on the basis that she had not passed all the subjects in the first attempt as prescribed in the said Clause XXIII.

2. The petitioner, in November 2019, was required to sit for the final MBBS examination and take five subjects, namely, (1) Medicine; (2) Gynaecology & Obstetrics; (3) Paediatrics; (4) Surgery; and (5) Psychiatry. The petitioner has sat for three subjects, Medicine, Surgery, and Psychiatry, in the final examination held in 2019. The petitioner has then sat for the other two subjects, Gynaecology & Obstetrics and Paediatrics, in the Final MBB