IThe TAR of Lazio has annulled the Tolc Med for access to Medicine, Dentistry and Veterinary Medicine, but has not provided for compensation for damages for the appellants.
The ruling accepted the appeal presented by a student, deeming the mechanism for assigning equal scores to be illegitimate, which entailed a violation of equal conditions between candidates.
The lawyers of the appellants, Francesco Leone, Simona Fell and Floriana Barbata, expressed satisfaction with the result obtained, but criticized the failure to admit the appellant in excess of the number of candidates, which in their opinion does not protect the interests of the candidates.
The TAR "accepted our objections and we are extremely satisfied with the result obtained. However, the only negative aspect of the sentence concerns the failure to admit the appellant in excess, since with this decision the main interest underlying the appeal, namely enrollment in Medicine, was not satisfied.
The judge, in our opinion, incredibly established that he could protect the interest of the appellant by blocking the progression of the ranking and preventing the registration in excess. These decisions, in our opinion, are not at all acceptable. Our battle is not over yet.
The only two possible paths – the lawyers conclude – are the cancellation and repetition of the test or the supernumerary registration of the appellants. There is no other path”.
The appellants, gathered in the #iononhhoimbrogliato Committee, declared that they were happy with the sentence, but were perplexed by the failure to provide for compensation for damages.
“What leaves us perplexed – they point out – is the final part of the sentence that does not recognize compensation for the damage suffered. The judge, in fact, interpreted administrative law in a “creative” way. The two plausible paths following the acceptance of the appeal are in fact either the repetition of the test for all candidates or the supernumerary enrollment for the appellants”.
The ruling of the Lazio Regional Administrative Court is a victory for the appellants, but does not definitively resolve the issue of the Tolc Med. The candidates will now have to appeal to the Council of State to obtain compensation for damages.
@All rights reserved
Article published on 19 January 2024 - 15:09
Video Chronicles
