Is it legal to refuse to enroll a Master 2 student for lack of capacity?

Mrs. H., a student, got her 1^re Master’s degree in psychology at the University of Nice. She asks for her registration in 2^e year of the same master’s degree at the Distance Learning Institute of another university.

His application for registration is refused. It shall bring an action for interim measures before the administrative court, which shall suspend that decision of refusal and order a review of its application for registration. However, the Master’s admission committee confirms this refusal, which was motivated by capacity constraints.

Ms H. again turned to the Administrative Judge, who annulled those decisions refusing registration. The Administrative Court of Appeal upholds this judgment. The university refers the matter to the Council of State.

Can an institution of higher education legally invoke a lack of capacity to accept a student in 2?^e master's year who obtained his 1^re a year of a master's degree in the same specialty at another institution?

Service-Public.fr is answering you :

In its decision, the Conseil d’État points out that, with certain exceptions, a higher education institution may set reception capacities for the 1^re  and 2^e years of a master’s degree.

He points out that, when reception capacities are set, a student has validated his 1^re year in an establishment may continue within that same establishment its 2^e year.

On the other hand, there is no right to pursue studies in 2^e master's year for students who have validated their 1^re year in another establishment.

Thus, the Conseil d’État annuls the decision of the Administrative Court of Appeal. She asserts that the university was entitled to refuse Ms H.’s enrollment because of the capacity limit in 2^e year of the relevant master's degree.

A student who has validated his 1^re a year of a master's degree in a different institution from the one where he wishes to enroll may be refused by the latter for lack of reception capacity.