B.H.M. Kapilaratne vs B.H.M. Kapilaratne – CA WRT 0457/20-2020

The case involves an undergraduate of the Faculty of Medicine, University of Peradeniya, who was denied a Second Class Lower MBBS degree. The University’s refusal was based on its interpretation that passing all final MBBS subjects in a single sitting was required for obtaining an Honours Class. The petitioner had passed three subjects in November 2019 and the remaining two in June 2020, after her absence from the initial examination for those two subjects was excused by the Senate. The Court determined that the University’s interpretation of its regulations was incorrect and *ultra vires*. It was held that Clause XV (3) of the Student Handbook stipulated that an excused examination would not be considered an attempt, meaning the petitioner’s subsequent sitting for the two subjects constit