Institute ranks: in case of qualification check, is it legitimate to ask for the original? The case ends at TAR, period

With note -with the subject: “ATA staff – club and school rankings – control according to Art. 7 of Ministerial Decree 640/17. Educational qualifications obtained at private schools “, subsequently published on the “Orizzonte Scuola” website, the Regional School Office has for Veneto invited school leaders at all levels and levels in the province of Venice to carry out” a more widespread and widespread control , with particular reference to the academic qualifications disclosed for admission to the institute’s rankings, which must also concern candidates admitted on the ranking list, even if they have not had a permanent position in the meantime”. The Regional Administrative Court of Lazio issued judgment N. 10526/2022.

The specific problem

Specifically, with reference to the applicant institution, attention was drawn to the professional qualification designation “master of art” issued by it, noting the following: “The institute-OMISSIS has been revoked the status of equal school from the school year xxxx and the archives have been assigned, but not yet deposited, to the Scholastic Institute -OMISSIS- by notification received from the Regional School Office for Campania, Office IV . As a result of the control made of the declarations in the application form for access to the ranking list for the III band by ATA staff, there would have been an increase in the number of deletions from the competent educational institutions, and that, among other things, , in all cases the applicants’ declarations would have related to the attainment of qualifications from private schools with the highest grades, which would in fact have enabled them to be placed in the most advantageous positions in Group III, otherwise unattainable

In the same note, the school leaders were therefore encouraged to:

1) report the matter to the competent prosecuting authority in order to assess the relevance of the case from a criminal law point of view. The report falls to the Rector, for which there is no margin of discretion;

2) order, by its own provision, the exclusion of the candidate from the III bracket according to art. 2 and 4, in ministerial order no. 8, subsection 640/2017;

3) transfer the provision of exclusion from the ranking to all the other educational institutions in whose third-tier rankings the subject is included, to allow them to take the resulting similar measures“.

Contrary to the above note – and Ministerial Decree 640/17 – he proposed encumbrance to the applicant institution citing the following legal grounds:

With the executive decree, the school administration revoked the status of equal school given to the programs at the Institute-OMISSIS- due to the investigation carried out by the competent public prosecutor, within which the school was subjected to preventive seizure. It was contested that the diplomas issued by the present plaintiff were all issued equally in the presence of all the permits required by law and endorsed by the respondent Ministry itself.

Invalid the note requiring presentation of the original diploma

Referring to the impossibility of actually being able to ascertain whether the aforementioned qualification has been duly obtained, it must be remembered that in this case the applicants who hold the professional qualification “master of art” obtained by the applicant peer -institute. – since the aforementioned institute was recognized as an equal school – they definitely possess the requirements laid down in Ministerial Decree 640/2017 in order to be able to access the club and institute rankings in the III Band, but they simply could not present their diplomas in original as subject to preventive seizure by the judiciary.

As they therefore found it objectively impossible to produce the originals, they presented replacement certificates, as required and permitted under Art. 187 of the Legislative Decree. 297/1994 and the Ministry of Education’s circular n. 51 MIURAOODGOS prot. n. 4437 / RU / U

The imposition on the interested parties of the obligation to present the original of the above-mentioned qualifications (obligation derived from having done – in the note in question – due to the fact that they have not demonstrated the impossibility of using them in connection with the competition in question) expressly violates the provisions of art. 43 of Presidential Decree 445/2000 (legislation, however, expressly referred to in Ministerial Decree 640/17), according to which: “1. Public administrations and managers of public services are obliged to acquire the information object for the self-certification after specifying the interested party by the essential elements to find the requested information or data, or to accept the self-declaration as an interested party.

Like the conclusions, the judges note in this particular case, the appeal must be accepted and, as a result, the note USR Veneto -OMISSIS- must be annulled.

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