1. ) VISA LETCHUMY A/P RAJU 2. ) TAN KIM SEN @ TAN BOON TAK 3. ) RAVI A/L DORASAMY 1. ) MENTERI PENDIDIKAN MALAYSIA 2. ) Kerajaan Malaysia

1. ) VISA LETCHUMY A/P RAJU 2. ) TAN KIM SEN @ TAN BOON TAK 3. ) RAVI A/L DORASAMY 1. ) MENTERI PENDIDIKAN MALAYSIA 2. ) Kerajaan Malaysia

The appeal was dismissed because the High Court correctly held it lacked jurisdiction: the leave application was filed out of time without cogent reason and, crucially, there was no existing decision to implement khat when the application was filed (cabinet had substituted Jawi for khat on 14.8.2019), therefore the application was frivolous and not susceptible to certiorari; the High Court's discretionary refusal to extend time was properly exercised and was not disturbed.

Citation
W-01(IM)-274-05/2021 (Mahkamah Rayuan)
Parties
First Appellant: Visa Letchumy a/p Raju; Second Appellant (presiden Persatuan Bekas Pelajar Berpendidikan Sekolah Cina Malaysia Mcesa): Tan Kim Sen @ Tan Boon Tak; Third Appellant (pengerusi Persatuan Hindu Agamam Ani, Malaysia): Ravi Dorasamy; First Respondent: Menteri Pendidikan, Malaysia; Second Respondent: Kerajaan Malaysia
Court
IM
Jurisdiction
Malaysia
Judgment Date
6 September 2022
Case Number
W-01(IM)-274-05/2021 (Mahkamah Rayuan)
Procedural Posture
Judicial Review Appeal / Appeal to Court of Appeal From High Court Refusal of Leave for Judicial Review
Outcome
Appeal dismissed; High Court decision dismissing leave application affirmed
Legal Topics
Judicial Review, Leave to Apply, Extension of Time, Locus Standi, Justiciability, Certiorari, Judicial Notice, Religious Freedom
Source Language
Malay/English
Administrative Law Constitutional Law Education Law Judicial Review Leave to Apply Extension of Time Locus Standi Justiciability +3 more

Case Brief

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Parties

Visa Letchumy a/p Raju

First Appellant

Tan Kim Sen @ Tan Boon Tak

Second Appellant (presiden Persatuan Bekas Pelajar Berpendidikan Sekolah Cina Malaysia Mcesa)

Ravi Dorasamy

Third Appellant (pengerusi Persatuan Hindu Agamam Ani, Malaysia)

Menteri Pendidikan, Malaysia

First Respondent

Kerajaan Malaysia

Second Respondent

Procedural Posture

Judicial Review Appeal / Appeal to Court of Appeal From High Court Refusal of Leave for Judicial Review

Legal Issues

  1. 1 Whether the leave application was time‑barred and whether extension of time should be granted
  2. 2 Whether the appellants challenged the correct decision maker and a decision that existed at the time of filing
  3. 3 Whether the appellants had locus standi to seek judicial review

Ratio Decidendi

The appeal was dismissed because the High Court correctly held it lacked jurisdiction: the leave application was filed out of time without cogent reason and, crucially, there was no existing decision to implement khat when the application was filed (cabinet had substituted Jawi for khat on 14.8.2019), therefore the application was frivolous and not susceptible to certiorari; the High Court's discretionary refusal to extend time was properly exercised and was not disturbed.

Court Disposition

Appeal dismissed; High Court decision dismissing leave application affirmed

Orders

  • Appeal dismissed
  • High Court order dated 20.4.2021 dismissing application for leave for judicial review affirmed