The Council of State with an order, in fact, rejected the appeal presented by the University asking for the suspension of the effectiveness of a sentence of Tar dell’Aquila.
Last May’s ruling which, accepting the student’s appeal, canceled a note from the University of 4 December 2019 with which “the student’s enrollment in the Faculty of Medicine is not allowed on the basis of the provisions of Rector’s Decree 657 of 3 July 2019 “.
The University denied enrollment because there were no places for the second year and therefore new students could not be enrolled.
In order to settle the issue, the TAR had asked for a series of documented clarifications regarding: a) the number of students enrolled in the first year of the single-cycle master’s degree course in Medicine in the academic year 2018/2019; b) the number of students enrolled in the first year of the same degree course who have moved to another university, have renounced or abandoned their studies, thus leaving free places; c) the number of students enrolled in the second year for the year 2019/2020 as of 07/26/2019; d) the total number of vacant places broken down year by year, including places reserved for resident and non-resident non-EU students.
As reported The center, from the documentation filed by the University, “there are places available for the second academic year that the University has not made available at the time of the call for transfers. The college notes that – although the assumption that enrollment in Medicine must be ensured at any time (and period) of the academic year for the student who requests it in the presence of vacant places cannot be accepted – the University is required to fill all places in order to acquire a number of students that is not lower than its overall receptive and didactic potential.
“The two opposing interests can find a fair balance guaranteeing the University the possibility of announcing, before the beginning of the academic year, a notice with which vacancies are made known on a date immediately close to the announcement itself. But, in the reconnaissance of the places, the University must make available all those vacant without any reservation “.
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