Catanzaro – As every year, access to the Medicine and Surgery course is marked by many controversies and irregularities. This year it was the turn of a young Lametina student who, after taking part in the entrance test for Medicine and Surgery, had the test canceled by the University of Catanzaro. The young candidate – according to what is learned – at the end of the selective tests would have mistakenly inserted the answer form in the different container used to hold the personal data sheets. When the polls opened, “the University – reads a note – instead of regulating the candidate’s position by sending CINECA the task carried out for the correction, canceled her test, thus definitively excluding her from the single national ranking”. Despite the stiffness of the a special law of the notice of competition and, despite the mistake made, albeit innocent, the candidate, considering herself harmed by the illegitimacy of the administrative action, filed an appeal together with the lawyer Laura Gualberto of the Lamezia Terme court, to request the correction of the assignment and the inclusion in the single national ranking based on the score due.
The Lazio Regional Administrative Court with an immediate precautionary ruling fully accepted the lawyer’s requests. In the provision, the Lazio Tar, “Considering that this error has a purely formal nature from which no injury has arisen for the other competitors” deemed the annulment of the applicant’s trial a measure disproportionate to the event. In essence, the present case: “does not pose any substantial problem of infringement of the principles of anonymity and secrecy of the test, set up to oversee public competitions, in order to guarantee equal treatment between candidates”. The lawyer Laura Gualberto underlines “the importance of the decision issued, with which in the face of a violation of the rules by the candidate, the damage to an effective public interest is not however recognizable, having to agree, the preference to the in favor of participation, with consequent dilution of the special rule of the announcement in the face of an innocent error. The university, therefore, will now have to proceed with the suspension of the contested measures and, with the correction of the applicant’s test, in addition to her inclusion in the national ranking, within the indicated deadlines, in order to avoid having to compensate the candidate for all damages suffered and to be suffered due to the illegitimate measures taken”. The further profiles of illegitimacy and prejudice will instead be duly assessed in the hearing on the merits scheduled for April 2023.