Won by the ÖH: An important legal issue was clarified, which also led to a correction in the University Act.
A student of the diploma program in pharmacy was exmatriculated because he was not able to pass an exam in the last attempt. Therefore, he applied for admission to the bachelor’s program in pharmacy at the same university. He was denied this on the grounds that both studies were the same study.
In the following proceedings, the Administrative Court affirmed the existence of the same study program, because the admission refers to the study of pharmacy per se, “…irrespective of the specific form in which this study was or is offered in the past or at present (diploma, bachelor’s or master’s program)”.
However, the Administrative Court went on to state that a new admission to the bachelor’s program is possible if this failed examination of the diploma program was in the study entry and orientation phase or is to be considered equivalent to one of the examinations prescribed in the study entry and orientation phase. In such a case, re-admission is possible after a blocking period of two semesters after the lapse (Section 66(4) of the Universities Act).
Won by the ÖH: An important legal issue was clarified, which also led to a correction in the University Act.
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