The Court has declared a negligible ban on challenging matriculation assessments

The Supreme Administrative Court (SAC) has declared a negligible ban on challenging matriculation assessments. It is listed in The Minister of Education Ordinance He reads: « The assessments of the state matriculation exams are final. » A second declared text of you regulates the issue of the conditions under which a graduate may be familiar with his appreciated exam work. Now this is happening in the school he graduated, within the time limit set by the principal, against an identity document and in the presence of representatives of the school matriculation committee.

According to the court with its provisions, the minister has exceeded his powers.

Beyond the material competence of the Minister of Education, it is to regulate the terms and conditions for acquaintance with the adults with the assessments and the possibility of challenging them, « said the three -member panel that took unprofitable – Judges Galina Solakova (Chairman) and Marieta Mileva and Branimira Mitusheva (members). « Something more, Beyond the powers of the Minister of Education and Science, it is to impose the powers of the principal of the respective school, related to the possibility of verifying the results of the individual works, and within a period specified by the principal, which may be different for each school. «

The scope of the legal delegation of the Minister does not allow the creation of a regulation that concerns relations that develop after the evaluation of the students’ results, as well as the possibility of the gradual assessment of the grades, explained by the Supreme Court. Therefore, in this case, it may be accepted that there is a violation of the imperative provision of The Law on Regulatory Actsaccording to which « the act of applying a law can regulate only the matter for which it is envisaged to be issued ».

« In view of the foregoing, the contested provisions were adopted without proper empowerment of the Minister of Education and Science by virtue of a higher degree of higher degree and due to the lack of material competence of the issuer of the act are null and void, » concludes the three judges.

Today’s decision may be appealed to a five -member panel of the Supreme Administrative Court within 14 days from the notification to the parties to the case – the applicant with initials KK L. and the respondent in the person of the Minister of Education Krasimir Valchev.

In the year of the appeal of the act (the school 2023/2024) KL was a matriculationist who appeared at the Matriculation of Biology and Health Education at the session in September 2024. She received 28 points that correspond to the assessment « weak » (2.00). Her involvement in the exam also raised her legal interest.

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The Court has declared a negligible ban on challenging matriculation assessments

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