High Court rejects student’s challenge

A HIGH Court judge yesterday rejected a student’s challenge to the system of getting places on medical courses saying to do so would result in a “market free-for-all” and upset the principle of equality of access to education.

Such a change would not be in accordance with the constitutional principles of prudence and would “do nothing towards furthering the constitutional aim of true social order,” Mr Justice Peter Charleton said.

He made the remarks in a judgment rejecting Frank Prendergast’s High Court challenge to what he claimed was an unfair education policy whereby people from outside the EU can pay to get places on undergraduate medical courses but EU nationals cannot.

Mr Prendergast (20) of Blackrock, Co Dublin, had asked the court to declare unconstitutional a decision by the Minister for Education and the Higher Education Authority (HEA) preventing him for gaining access to medical school by paying the non-EU fees.

Mr Justice Charleton dismissed his claim saying what was being asked was for the system to be overturned and allow medical schools to make decisions as to entry requirements, instead of the HEA and the Minister.