High Court to hear judicial review application against Defence University

KUALA LUMPUR: The High Court here today set Oct 28 to hear a judicial review application by a former medical student to challenge a decision by the National Defence University of Malaysia to terminate her studies.

Deputy Registrar N. D. Arun fixed the date in chambers where the former student, Nurul Shamimi Zainul Ariffin, was represented by lawyers Mohd Fikah Sanusi and Dr Zulqarnain Lukman, while federal counsel M.Kogilambigai appeared for the university and the Armed Forces Council, named as the respondents.
Mohd Fikah told reporters that the application would be heard by Judge Datuk Asmabi Mohamad.

In her application, Nurul Shamimi, 23, who was offered a place in the university on Sept 4, 2011, said she was sponsored by the Defence Ministry with cadet officer status and had signed an agreement with the council which forbade her from getting married throughout the study period.

The former Bachelor of Medicine student said the university terminated her studies after agreeing with the decision of the council to terminate her appointment as cadet officer for breach of contract after discovering she had married in Thailand.

Nurul Shamimi, who is now a pharmacist, is seeking a declaration that the agreement forbidding her to marry was unconstitutional, invalid and contrary to the Federal Constitution.

She is also seeking a declaration that the decision made by the council at a meeting on Aug 26, 2014 – which ruled that her appointment as cadet officer in the Malaysian Armed Forces had been terminated and that she had to repay RM83,998.66 – is invalid and should not be enforced.

Nurul Shamimi is also seeking a declaration that the university's decision to terminate her studies for breach of agreement due to her marriage is invalid.

She also sought a writ of mandamus to direct the university to allow her to continue her studies and to resume with the sponsorship.

She is claiming general, aggravated and exemplary damages, including 5% interest, and other relief deemed fit by the court. – Bernama