6 Jul 2021
SHARMIDA BINTI MANSUR 1. SURUHANJAYA PERKHIDMATAN PELAJARAN 2. KEMENTERIAN PENDIDIKAN MALAYSIA
- Citation
- WA-24-60-10/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24-60-10/2020 (Mahkamah Tinggi)
The Originating Summons was struck out because the challenge to a disciplinary decision taken under statutory Rules involves a predominant public law element and therefore must be commenced by judicial review under Order 53 ROC; the OS filed after the three‑month limit improperly circumvents O.53 and is abuse of process; the Second Defendant was not the decision‑maker and is a wrong party, rendering claims against it frivolous and vexatious.