It should be noted, considering that the matter is of general interest, the sentence of the Regional Administrative Court for Tuscany, section one, of 03/24/2022 No. 00379/2022 with which the denial of the registration of a student to the course was canceled the admission test to the single-cycle master’s degree course in medicine and surgery.
Specifically, the administrative judge found the provisions of the Rector’s Decree of the University of Siena to approve the “NOTICE FOR ADMISSION TO THE SINGLE-CYCLE MASTER DEGREE COURSE IN MEDICINE AND SURGERY (CLASS LM-41) – A.Y. 2021/2022 “which prescribe, under penalty of forfeiture, procedures for registering for the admission test other than those provided for by MIUR Decree no. 730/2021.
The student had enrolled for the test on the Universitaly ministerial portal on 19.7.2021 and was automatically assigned the University of Siena for the test, as he was resident in the province of Grosseto. However, the University (on the basis of the Rector’s announcement) believed that registration on the national portal was not sufficient and, since the student was “correctly registered on the UNIVERSITALY portal” but there was no “registration on the University portal”, on 1.9.2021 communicated to the student that “failure to register for the competition even on the University website does not allow you to participate in the admission test scheduled for September 3, 2021”.
Given the situation of exceptional gravity and urgency, the student obtained from the President of the TAR with presidential decree no. 479/2021 of 2.9.2021 the admission with reserve to the selection test. With the sentence in question, the Regional Administrative Court for Tuscany definitively annulled the denial of registration, deeming the provisions of the Senese University Announcement illegitimate, which prescribe, under penalty of forfeiture, procedures for registering for the admission test that differ from those provided for by the MIUR decree.
Specifically, the TAR states – accepting the thesis of the applicant assisted by the lawyer Alessandro Antichi – that the tender approved by the Sienese University could not have contained such a provision (i.e. the double registration on the national site and on that of the University) and, as a result, that the failure to submit an application for enrollment at the University level could not have constituted a reason for exclusion. The discipline of the payment methods delegated to the individual universities did not, in fact, entail the faculty of aggravating the procedure by prefiguring a duplicate at the local level of the application for enrollment.
On the other hand, the failure to promptly pay the enrollment fee, which the student had also offered to pay, constituted a simple remediable irregularity.
For these reasons, the student’s appeal, presented with the defensive assistance of the writer, was upheld and the University was also ordered to reimburse legal costs.
Credits: Il Tirreno (25/03/2022), La Nazione Grosseto (25/03/2022)