The Public Defender of Georgia considered the decision made by the National Assessment and Examinations Center LEPL and described it as illegal, as one of the entrants was not allowed to take an additional exam. On August 16, 2023, the Public Defender applied to the National Assessment and Examinations Center with a recommendation to immediately appoint an additional history exam in order to ensure S.B’s right to higher education.

As a result of the study of the case under consideration, the Public Defender of Georgia concluded that, while considering the issue of admission of the applicant to the additional history exam, the National Assessment and Examinations Center violated the principles of fair administrative proceedings and "good governance" and did not provide the applicant with information about the date of the additional history exam within a reasonable time.

The Public Defender believes that the administrative body still has time to ensure the entrant's right to higher education and to implement the provisional ruling of the Chamber of Administrative Cases of Tbilisi City Court issued on July 27, 2023. There are no objective factual or legal circumstances impeding the said action.

The Public Defender of Georgia calls on the administrative body to act in full compliance with the requirements of the law and to properly inform those whose interests may be affected by the decision made, when considering every case of restriction of rights in the future.