pavia
She had not been admitted to the degree course in Medicine for the year 2007-2008 following a provision by the ministry which had eliminated some questions from the test to access the faculty. But 15 years later the student, who in the meantime, thanks to the acceptance of a precautionary request, had been able to attend the course, passing a good number of exams. Precisely this circumstance and the frequency of the University of Pavia according to the defense represent factors “from which it is possible to infer the suitability of the interested party with respect to the degree course, despite an admission based on a judicial provision made as a precautionary measure”. The defense, moreover, had contested the elimination of the questions, which had altered the ranking leading to her exclusion: one question had been canceled because it had more correct answers; the other because she had them all wrong. But the applicant had given one of the possible answers to the first question, while to the second question she had not answered. So according to the defense, if the questions were counted, the student would still have entered the ranking.
The TAR in 2018 had rejected the appeal, thus confirming the non-admission to the degree course in Medicine. But the Council of State in a very recent sentence with which it accepted the appeal established that protection must be granted to those who, admitted with reserve, “have then demonstrated their abilities by successfully passing the examination tests provided for in the course of studies for the attainment of the title », outlining« a subjective situation that has now consolidated over time ». –
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