A final-year Fiji National University (FNU) medical student facing criminal charges has been granted permission by the High Court to challenge the university’s decision to suspend him.
High Court judge Justice Vishwa Datt Sharma granted Shivaan Kumar Sharma limited leave to apply for judicial review of FNU’s July 6, 2026 suspension decision.
However, the court refused to grant any immediate orders lifting the suspension or allowing the student to resume his clinical placements.
In his judgment delivered on November 4, Justice Sharma said the student had sufficient interest to challenge the decision because his suspension had interrupted his internship and prevented him from completing the requirements for his Bachelor of Medicine and Bachelor of Surgery (MBBS) degree.
The court heard that Sharma had substantially completed his academic requirements but still had outstanding clinical placements.
These were expected to be completed by November 13, the official end of Semester Two under FNU’s academic calendar.
However, the suspension meant he would be unable to complete the remaining requirements before the semester ended.
Justice Sharma noted that the student was facing serious criminal charges before the Suva Magistrates Court and that an interim Domestic Violence Restraining Order was also in place.
The judgment did not specify the criminal charges.
The court was also informed that Sharma had not provided a statement requested by the university as part of its internal disciplinary process.
Justice Sharma observed that the university could have completed its internal processes earlier had the student cooperated with that request.
FNU opposed the application on several grounds, including professional fitness and public safety, institutional liability, failure to exhaust internal remedies and the absence of an arguable case.
The university also maintained that the suspension had been imposed in accordance with its academic regulations.
Justice Sharma said the court needed to examine the circumstances surrounding the suspension and determine whether the university’s administrative decision should be reviewed.
“However, for the aforesaid rational, I have no alternative but proceed to only grant the Applicant Leave in particular to apply for Judicial Review of the Decision of 06th July 2026 pursuant to Order 53 of the High Court Rules, 1988,” he stated.
He emphasised that the ruling did not overturn the university’s decision or grant the student permission to resume his studies.
“I reiterate and make myself very clear that this Court has only granted the Applicant a limited order for Leave to apply for Judicial Review and no other orders are made,” Justice Sharma said.
The remaining orders sought by the student will be considered when the substantive judicial review application is heard.
The court directed Sharma to file and serve the necessary documents under the High Court Rules.
Both parties were ordered to bear their own legal costs.
