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FERNANDO v. THE UNIVERSITY OF CEYLON


Fernando V. The University Of Ceylon

1956 Present: Weerasooriya, J., and T. S. Feranando, J.

E. F. W. FERNANDO,
Appellant, and THE
UNIVERSITY OF CEYLON,
Respondent

S. C. 559-D. C. Colombo, 28,909

University of Ceylon-Right of student to sit for examinations-Misconduct of student- Scope of the powers of the Vice-Chancellor and Board of Discipline to investigate and punish- Remedy when the Vice-Chancellor and Board act in excess of jurisdiction-" Judicial act "-Natural justice-Scope of certiorari proceedings- Jurisdiction of District Court-Ceylon University Ordinance, No. 20 of 1942, ss. 6 (b), 32---General Act No. 1, Chapter 8, Part I, ss. 8, 14, 17.

When a purely administrative decision is taken against a party on the basis of an invalid report made by a person who has legal authority to determine judicially or quasi-judicially a question affecting a legal right of that party, the party affected by the administrative decision is entitled to claim relief by way of regular action, notwithstanding the absence of a right of appeal.

The plaintiff, who was a candidate at the final examination in science held by the University of Ceylon, instituted this action aga




































































































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