Teen sues over foreign student medical places
Sunday November 04 2007
An Irish teenager denied a college place in medicine while poorer performing foreign national classmates got places ahead of him is taking the State to the High Court in a landmark case that could drastically affect the entire CAO system.
Lawyers for Frank Prendergast Jnr, of Blackrock, Co Dublin, have served papers on the Higher Education Authority, Mary Hanafin, the education minister and the attorney general.
Interestingly, former Tanaiste and Justice Minister Michael McDowell SC is one of the lawyers acting for Mr Prendergast.
The papers, seen by the Sunday Independent, are claiming that by giving preference to overseas students, the department and the Higher Education Authority are acting unconstitutionally.
If the historic judicial review challenge is successful, it could not only have an impact on entry to medicine courses but could have a fundamental impact on the entire CAO application system.
Mr Prendergast had applied to do medicine at every college in Ireland that it is offered at. Not getting enough points, after sitting his Leaving Cert at a Dublin school, it is believed that the student then offered to pay the same non-EU fees of €25,000-€42,000 to the colleges, but was turned down.
Essentially, he is arguing that as an Irish citizen the Government has a duty to provide for his education first, ahead of any foreign national.
It is believed that his legal team are to argue that allowing foreign students an easier path to the course simply by paying money is prejudicial and contrary to the Constitution and the 1971 Higher Education Act.
By offering to match the fees of those paid by the over-seas pupils, Mr Prendergast was trying to force the college's hand to admit him.
Mr Prendergast has refused to comment on the case.
There are different categories of students eligible to study in Ireland. Non-EU students who sit the Leaving Cert who have the monetary means can apply outside the CAO system at lower points requirements than those imposed on Irish students.
Last year, students from outside the EU from the Middle East, the US and Canada, were able to get into medicine with 420 points.
- DANIEL MCCONNELL
