Court Cannot Pass Orders Contrary To University's Norms: Karnataka High Court Declines Student's Plea Seeking 5th Attempt To Appear In Exam

The Karnataka High Court has held that no court can pass an order contrary to the regulations and norms prescribed by any University.

Justice R Devdas held thus and dismissed a mercy petition filed by a medical student seeking a direction to the authorities to permit her to appear for the 5th time to clear the Biochemistry subject examination.

The petitioner, Nisha R Kolyal, a student of Dr. Ambedkar Medical College and Hospita,l had contended that a 5th attempt may be permitted to her, although the regulation would prescribe only 4 attempts on the ground that there is only one paper remaining for her to clear.

The bench said, “It is clear from the prayer itself that this is a mercy petition filed on the ground that there is only one paper for the petitioner to clear and therefore the prayer that fifth attempt may be permitted.”

Noting that the law is very clear in this regard, no court can pass an order contrary to the Regulations and norms prescribed by the university.

The bench held, “When it is clear from the petition that the Regulations of the University as well as the National Medical Council Commission would prescribe only 4 attempts for a student, this Court is not in a position to accede to the prayer made by the petitioner.”

Accordingly, it dismissed the petition.

Case Title: Nishat R Kolyal AND Union of India & Others

Case No: WRIT PETITION NO. 23759 OF 2025

Citation No: 2025 LiveLaw (Kar) 330

Appearance: Advocate Chandrakanth R Goulay for Petitioner.

CGC Swathi Panduranga FOR R1

Advocate N Khetty for R2

AGA B.P Radha FOR R3 & R4.

Advocate N K Ramesh for R5.

Advocate Mamatha G Kulkarni for R6

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