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Leaving Cert student’s challenge over calculated grade refusal is adjourned

Court action has been brought by 17-year-old student from outside Dublin

A High Court challenge by a home-schooled Leaving Cert student over the Minister for Education’s refusal to consider her application for calculated grades is unlikely to be heard this month.

The action, the second of its type, has been brought by a 17-year-old student from outside Dublin.

The student, who cannot be identified, was home schooled by her parents and private tutors. Her case arose after she was informed by the Minister it was not possible to provide her with a calculated grade in any of the six subjects she has studied due to the absence of satisfactory or credible evidence on which to base an estimate.

Suing through her mother, the student got permission from the High Court on Monday to have the Minister’s decision judicially reviewed.

When the matter was briefly mentioned before Mr Justice Charles Meenan on Tuesday, he said it would not be possible to assign a judge to hear the case in September as the court’s list was full. Had the challenge been brought in June or July the action could have been heard during the August vacation, he said.

Having made directions for the exchange of documents, he adjourned the case to a date later this month. If any case dropped out of the court’s September list, and a slot became available, the court would try and get the action on for hearing, the judge said.

Her action comes after the High Court ruled last month in favour of 18-year-old…

Aodhan O’Faolain

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