Dans un jugement n° 2111921 du 31 mars 2023 obtenu par le cabinet, le tribunal administratif de Melun juge que l’université, qui se prévalait d’une règle de non-compensation pour ajourner un étudiant à ses examens, ne pouvait s’en prévaloir dans la mesure où elle n’était pas opposable et où, à l’inverse, l’université avait oralement indiqué aux étudiants qu’ils bénéficieraient d’une règle de compensation totale entre les UE et les semestres.
Les modalités de validation annoncées oralement aux étudiants par l’université peuvent l’engager au moment de délivrer le diplôme
Par
roze-bruno
Ce jugement est donc intéressant puisqu’il fait produire des effets aux modalités de contrôle des connaissances (MCC) indiquées oralement aux étudiants.
● Dans cette affaire, qui concernait la validation d’un master 2, il avait été indiqué aux étudiants en début d’année que le cursus était validé dès lors que les étudiants disposaient d’une moyenne de 10/20 sur l’année à leurs examens.
Cependant, au moment de la réunion du jury de diplôme l’année suivante, des modalités de contrôle des connaissances (MCC) avaient été transmises aux étudiants en indiquant des règles différentes, à savoir une règle de compensation comportant des exceptions pour certaines matières.
Un étudiant, qui avait une moyenne générale supérieure à 10, avait été ajourné à ses examens (et n’avait pas été autorisé à redoubler) parce qu’il n’atteignait pas les notes requises dans certaines matières.
Perdant ainsi le bénéfice de son master, l’étudiant a formé un recours contre l’ajournement à ses examens.
● Par le jugement commenté, le tribunal administratif de Melun fait droit au raisonnement qui était développé par le cabinet.
En effet, il considère que les modalités de contrôle des connaissances MCC, apparemment adoptées par l’université et communiquées aux étudiants au moment de la réunion des jurys, n’étaient pas opposables pour deux raisons.
- D’une part, elles n’avaient pas fait l’objet d’une publicité suffisante. En effet, l’université se prévalait de ce qu’en début d’année, les modalités de contrôle des connaissances avaient été présentées aux étudiants. Cependant, l’étudiant présentait des attestations de camarades de master ayant validé leur diplôme qui confirmaient au contraire que le responsable du master avait indiqué que toutes les matières se compensaient.
Le tribunal en déduit donc que les MCC n’avaient pas été portées à la connaissance des étudiants par l’université dans des conditions suffisantes.
- D’autre part, les modalités de contrôle des connaissances n’avaient fait l’objet d’aucune transmission au recteur.
En effet, comme cela déjà été exposé sur ce blog (Les refus d’admission en master doivent se fonder sur des capacités d’accueil et modalités d’admission entrées en vigueur), l’article L. 719-7 du code de l’éducation impose que les actes réglementaires des universités soient transmis au recteur pour entrer en vigueur.
Or, en l’espèce, l’université ne contestait pas que les MCC n’avaient jamais été transmises au recteur.
Dans ces conditions, le tribunal a considéré que les modalités de contrôle des connaissances (MCC) de master, adoptées par l’université, étaient doublement inopposables.
Aussi, il annule l’ajournement de l’étudiant à ses examens.
● Il enjoint également à l’université d’attribuer son diplôme à l’étudiant, qui, sans la règle de non-compensation contestée et inopposable, aurait dû valider son master.
En effet, les seules « modalités » indiquées aux étudiants étaient une compensation totale entre toutes les matières. De sorte qu’au vu de ces règles (les seules à être opposables car présentées aux étudiants), celui-ci aurait dû valider son master.
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