Recognition as illegal and cancellation of the order regarding the cancellation of the results of the unified national Examination (hereinafter referred to as the UNT) and the cancellation of the certificate for the award of an educational grant
No. 6001-24-00-6ap/2298 dated February 27, 2025
Plaintiff: Z.Zh.
Respondents: State Institution "Ministry of Science and Higher Education of the Republic of Kazakhstan" (hereinafter referred to as the Ministry), RSE "National Testing Center" of the Ministry of Science and Higher Education of the Republic of Kazakhstan" (hereinafter referred to as the Testing Center)
The subject of the dispute: on the recognition as illegal and cancellation of the order dated December 11, 2023 regarding the cancellation of the results of the Unified National Examination (hereinafter referred to as the UNT) and the cancellation of the certificate for the award of an educational grant
Review of the defendant's cassation complaint
PLOT:
On May 23, 2023, the plaintiff passed the UNT in electronic format, as a result of which she scored 111 points.
By order of the Minister of Science and Higher Education of the Republic of Kazakhstan dated August 4, 2022, Z.Zh. was awarded an educational grant for a group of educational programs of higher education. B086 - general medicine.
According to the act of the Testing Center dated September 19, 2023, interference in the testing program was established when the plaintiff submitted the UNT.
In this regard, the plaintiff's UNT results and the certificate for awarding an educational grant were annulled by an order of the Ministry dated December 11, 2023.
Disagreeing with the said administrative act, the plaintiff filed this lawsuit with the court.
Judicial acts:
1st instance: the claim was denied. By the court's ruling, an administrative claim regarding the requirements to challenge the actions of the Testing Center for the preparation of paragraph 13 of the act on the detection of test subjects who used prohibited items and violated the rules of conduct and/ or committed actions and / or attempted interference in the testing program during the UNT against the plaintiff dated September 19, 2023, without notification of the cancellation of the results the test and the certificate of awarding the educational grant dated December 5, 2023; declaring illegal in part and canceling the minutes of the meeting of the commission on the cancellation of test results /UNT scores/ and/or/ the results of the competition for the award of an educational grant /certificates of award of an educational grant/ at the expense of the republican budget of the Ministry of Science and Higher Education of the Republic of Kazakhstan, paragraph 35 of the Annex to the protocol regarding Z.J. on the List of canceled test results /UNT scores/ and/or/ results of the educational grant award competition /certificates of educational grant award/ - returned
Appeal: the decision of the court of first instance was overturned, a new decision was made to satisfy the claim of Z.Zh.
The court ruled: to declare illegal and cancel the order of the Minister of Science and Higher Education of the Republic Kazakhstan from
On December 11, 2023, regarding the cancellation of the results of the unified national testing and the cancellation of the certificate for the award of an educational grant in respect of the plaintiff.
The ruling of the court of first instance on the return of the claim remained unchanged.
Cassation: the decision of the appeal in this case is upheld.
Conclusions: the information on passing the UNT indicates that in the period from 16:37:03 hours to 16:59:43 hours, from 17:05:10 hours to 17:17:58 hours, the test taker did not work with the mouse while answering questions, in the period from 17:11:00 hours At 5:11:21 p.m., I did not hold the computer mouse.
At the same time, it was established from uploading log files that during the specified period the plaintiff performed the following actions: "recording the value of the answer to the test task", "receiving the test task for testing",
"getting the remaining time", which alternated with each other with the corresponding time fixation.
The conclusions of the appellate instance correspond to the circumstances established in the case, whereas the defendants have not proven the fact of interference in the testing program by third parties.
The cassator's arguments that the lack of movement on the part of the test subject indicates interference in the testing system are an assumption that cannot serve as an unconditional basis for satisfying the claim.
In accordance with the requirements of Article 12 of the CPC, all doubts, contradictions and ambiguities are interpreted in favor of the participant in the administrative procedure.
The Court of Appeal took into account that the certificate for receiving a state educational grant was also provided to the plaintiff in connection with the quota for children from families with four or more minor children.
Given the absence of new arguments in the cassation appeal that had not been examined by the court of appeal, the judicial board considered that there were no grounds for revoking the contested judicial act.
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