IMPUGNATION OF THE SPELLING TEST RESULTS IN THE SELECTIVE PROCESS OF OPPOSITION TO NATIONAL POLICE BASIC STAGE
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PROBLEM STATEMENT
By Resolution of May 30, 2019, of the DGP the competition for admission of 2506 persons to the Basic Scale, category of Police, of the National Police Corps was convened.
According to the bases of the aforementioned call, the 6, establishes the phase of opposition that will consist of the following tests.
- Physical aptitude.
- Knowledge and spelling.
- Medical examination, personal interview and psycho-technical test.
- Personal interview and psycho-technical test.
- Personal interview and psycho-technical test.
- Voluntary language exercise.
On November 30, the candidates who had previously passed the physical test and the knowledge test were subjected to a test to evaluate their spelling ability, consisting of a questionnaire made up of 100 terms. The candidates were given eight minutes to answer whether they were spelled correctly or incorrectly, with each failure subtracting one correct answer.
They were given eight minutes to answer whether they were spelled correctly or incorrectly.
Suscitating three situations.
- Regarding those who marked as correct the words LGTBI and CYBERATTACK that the Opposition Court has determined as incorrect.
- Regarding those who, in order to ensure passing the test, only marked the 50 words they knew to be correct in order to get the 50 points, the 5, and to their surprise the examining board arbitrarily raises the score to 6.2 as the cut-off mark, that is 62 words marked correct.
- Regarding those who find themselves in both of the above situations at the same time.
Thereby leaving out all those who have not passed with 62 points and above the spelling test.
Well, in this sense the bases themselves stipulate the possibility of challenging both the questions of the questionnaire of knowledge and spelling within 2 calendar days, term. Term that aims to limit the possibilities of claiming the opponents who answered as valid the words LGTBI and CIBERATAQUE, but nevertheless can be appealed by an APPEAL of the three situations described above within 30 days from the publication of the result of the spelling test or within 30 days from the publication of the resolution of those who have passed the opposition.
It is obvious in view of what happened the viability and prosperity of the appeals that are raised both in administrative and judicial way and it is equally obvious that 99.99% of the DGP maintain the criterion marked as bad the previous two words and that the cut-off mark has been raised under the discretion of the administration misunderstood to do what I want and when I want.
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ACTUATION TO BE FOLLOWED
- To file an appeal within 30 days after the candidate officially knows the result of the unsuccessful test, not suitable. Or, lodge an appeal within 30 days from the publication of the resolution of the candidates who have passed the competition.
- It is foreseeable that the DGP in 99.99% does not rectify its decisions, if we obtain a negative resolution within 3 months, we will have two more months to challenge before the Superior Court of Justice of Madrid such resolution, and if on the contrary, they do not answer us and therefore the silence is considered as rejection, we will have an unlimited period to file the appeal that nevertheless we consider that it should be filed as soon as possible.
OBJECTIVE
That both decisions taken be declared null and void and in the part that affects each of the interested parties, they be considered APTOS and be allowed to continue in the corresponding selective process to be held subsequently.
That they be considered APTOS and be allowed to continue in the corresponding selective process to be held subsequently.
Can be evaluated subsequently if achieved the nullity of the declaration of not APT by overcoming the rest of the selection process, and subsequently the course at the police academy, if we can claim the corresponding arrears and likewise the seniority as career civil servants, which in principle we understand that if.
PREVIEW
The chances are very high that the claim will be achieved, first for objective causes, the words declared invalid, when they are and the ongoing change of the evaluation criteria, violating the principle of technical discretion of the Administration.
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Do you need legal advice?
At Lawyou we have a professional team specialized in Military Law, Civil Guard and Police with more than 20 years of experience and with attention throughout the national territory and with extensive experience in cases won by challenging the interviews both in the calls for access to the National Police, Civil Guard and Autonomous and Local Police.
We have a team of professionals specialized in Military Law, Civil Guard and Police with more than 20 years of experience and with extensive experience in cases won by challenging the interviews both in the calls for access to the National Police, Civil Guard and Autonomous and Local Police.
Do not hesitate to contact us to tell us about your case through our email atencionalcliente@lawyoulegal.com or, if you prefer, you can also call us at 602 226 895.
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Lawyer Lawyou specialized in Military Law.
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