Fight for the grade: Examinees sue against exam results in Göttingen!

Fight for the grade: Examinees sue against exam results in Göttingen!

An exciting twist in examination law is causing discussion in academic circles. In the case of an examinee who failed the second state examination in writing, a legal dispute arose that is representative of the challenges that many students face. The decision was made on June 17, 2025, after the examinee had already failed a first attempt and is now on the way through another attempt. His traineeship journey began on September 1, 2021.

After a supplementary preparation service and a repeat test in January 2024, the person concerned received notification of his further failure. In response to this news, he defended himself and lodged an objection. His lawsuit at the Göttingen Administrative Court is now awaiting a decision. The examinee also submitted an application for interim legal protection in order to be provisionally admitted to the oral examination. But the urgent application was rejected by the Göttingen Administrative Court as inadmissible.

Dispute over admission to the oral examination

The reason for the rejection by the VG Göttingen was clear: provisional admission to the oral examination was not the subject of an order procedure. Finally, the overall examination grade cannot be determined in accordance with Section 12 Paragraph 4 NJAG if the examinee has not passed the required three supervisory papers with at least “sufficient”. A deviation decision by the examination board in accordance with Section 12 Paragraph 5 NJAG is also not possible without final written submissions.

But the Lüneburg Higher Administrative Court, to which the person concerned lodged a complaint, decided otherwise. It found that Section 12 Paragraph 4 NJAG does not define a specific calculation time for the overall examination grade. This means that the final grade can also be determined after the legal proceedings have been legally concluded. It is also conceivable that the audit committee will later make a deviation decision. It is important that the examiners are able to maintain their overall impression beyond the examination day.

Exam structure and its meaning

But what actually belongs to an oral exam? According to the University of Göttingen the structure is clearly regulated. The examination is divided into a main subject examination, which takes place in the speaker's teaching area, and two minor subject examinations, which are taken by minor subject examiners. It is interesting that a minor subject can also come from another faculty at Göttingen University.

The requirements for the main subject examination are high: In addition to a deep scientific understanding, the ability to make critical judgments is also required. So it is not an easy test that the examinees face here. The examination modalities also include that a protocol is created for each oral examination and the grade is determined by the examiners and assessors.

Challenges in audit law

The legal framework surrounding examinations is complex. Exams are not only part of the training process, but also crucial for the professional future of the examinees. Procedural regulations are of utmost importance. Loud Teipel Law Procedural errors can quickly creep in, be it through disregarding deadlines or inadequate examination conditions.

The chances of uncovering such errors are often low, as in many cases inspection of files is not enough to prove them. The issue revolves around how important the correct procedure is for exams and how much students depend on the legality of the procedures. The decision of the OVG Lüneburg could be groundbreaking for many examinees and have a lasting impact on the examination system.