N.P. (A Minor) & anor v The Minister for Education and Skills (Approved)

3.������ One of the complexities and difficulties was to provide a fair and equitable system for all those who intended to sit the Leaving Certificate examination of 2020. The vast majority of those were educated in schools. However, a minority, including the applicant, received their education at home. The provisions made for such persons are the subject of this application.

5.������ The respondent published two documents setting out the provisions that apply for the award of calculated grades. The first of these documents covered students who were attending school (the school document). The second document, which covers the applicant�s situation, dealt with � out-of-school learners � (the out-of-school document).

6.������ It was correctly recognised that both school students and � out-of-school � students had to be dealt with, as far as reasonably possible, fairly and equally. The out-of-school document states: -

��������� �Fairness and equity: The system for calculated grades for out-of-school learners must ensure fairness and equity within this group but also in relation to all other Leaving Certificate students. The system must be such that it neither advantages nor disadvantages, through any grades ultimately awarded, any student in the 2020 Leaving Certificate cohort in its approach and delivery of calculated grades. The arrangements must be as consistent as possible with the general system to ensure fairness and equity.�

��������� The � fairness and equity � of the system, as regards out-of-school learners, was recently considered by this Court in Elijah Burke v. The Minister for Education [2020] IEHC 418 .