By order no. 3336 published on 04.09.2024, for the judgment with no. 6418/2024 RG, the Council of State in jurisdictional capacity, Seventh Section, accepts the appeal and, in reform of the contested order no. 3275 issued by the TAR Lazio Section III bis in the proceeding no. 6006/2024 rg, allows the appellant to undergo the oral exam of the qualifying competitive procedure, announced with DD no. 1330 of 4 August 2023  "for qualifications and exams for access to the roles of teaching staff relating to the teaching of physical education in primary school"  the first ever competition for the hiring of teachers for the EEEM competition class which allows those who are winners to be called for placements in roles starting from the 2024/2025 school year.

Appellant, who had taken the computer-  based written test  obtaining a score of 66 points, later rectified to 68/70 following a self-protection intervention by the MIM on the question relating to the GH hormone, and who had not been awarded the score  of a single application to be included in the available places for the Lazio region, found numerous illegitimacies and requested to arrange for a technical expert to be appointed on the disputed questions, including the one on fair play.

Following the hearing in chambers on 16 July 2024, the TAR of Lazio ruled with the challenged provision rejecting the appellant's precautionary request, taking into consideration the data that emerged following a verification ordered in the context of a further proceeding on the question of fair play, without however considering the deductions advanced by the appellant.

To date, the Judges of Palazzo Spada, deeming  "the interest in the assignment of a position for the upcoming school year to be favourably appreciated" , have ordered the admission of the appellant to the oral exam of the competitive procedure, accepting the appeal supported by us also in the  fumus .

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