She had participated in the competition for admission to specialization schools in the health area but was excluded because she was included in a position in the ranking that was not useful for admission to any of the chosen schools. A young doctor from Cammarata turned to the Tar and won the appeal. The judges also affirmed the Ministry’s obligation to scroll through the rankings and fill all the available places.
After the exclusion, in fact, some of those admitted had renounced the positions obtained which consequently remained vacant. However, the announcement did not provide for any use or scrolling of the rankings, thus causing the unutilization of numerous empty places.
The doctor made use of the patronage of the lawyers Girolamo Rubino and Giuseppe Impiduglia for the appeal against the Ministry of Education, for the cancellation, subject to suspension, of the competition announcement as well as for the verification of the right to be admitted, possibly also in surplus, to one of the specialization courses indicated in the application form.
In particular, the lawyers Rubino and Impiduglia censured the announcement where it did not provide for the possibility of having the scrolling or use of the ranking despite the vacancy of a series of places initially assigned to other winners who had not then started attending the teaching activities
The Council of State, sharing the grievances formulated by the lawyers Rubino and Impiduglia, accepted the precautionary request advanced in the interest of the young doctor, arranging the reopening of the scrolling of the rankings of candidates for admission to specialization schools on any places available in the locations requested, in order of priority.
The doctor was then conditionally admitted to the specialization school where she took and passed all the exams relating to the first 3 years.
Subsequently, the Lazio Regional Administrative Court upheld the merits of the appeal brought by the lawyers Rubino and Impiduglia, pointing out that the contesting measures were illegitimate since the public administration is required to redistribute the remaining places available. With this sentence it was clarified that the failure to use all the available places is in contrast with “the need to find an adequate number of health professionals according to the concrete needs in progress”.
And as a result of the sentence, the University will have to provide for the “definitive enrollment of the appellant in the specialization course” currently attended.