Nine more students and a school's board of management have issued legal proceedings challenging the 2020 Leaving Cert calculated grade system.

A High Court judge has said one sample case will be heard next month if legal teams agree which one should be the lead case.

Another case, taken by a 2019 Leaving Cert student has been withdrawn.

One of the cases involves the Board of Management of St Kilian's German School in Dublin and eight of its students, who claim the standardisation model lead to an "extraordinary" downgrading of results in German and other subjects there.

Another case has been taken by Freddy Sherry, a Leaving Cert student at Dublin's Belvedere College.

He claims the Minister for Education's "interference" last August with the work of the Independent Steering Committee on Calculated Grades, directing it not to rely on previous school data or schools historic records in the standardisation process, lead to him being unfairly downgraded by 55 points in his Leaving Cert this year.

The first case was taken last week by Aine Finnegan, from Fairview in Dublin, who says the standardisation process meant she unfairly missed out on a place in Medicine in Trinity College Dublin by two points.

All three cases were mentioned before Mr Justice Charles Meenan who was asked to fix a hearing date in late October.

The judge said he could only fix a date for hearing in October if lawyers in all three cases agreed which could be the lead case.

Unless this was done, he could not fix a date for hearing before the end of the year.

The judge has previously said the Covid pandemic had led to a back log of cases which were waiting to be heard and it would not be possible to hear multiple cases concerning the 2020 Leaving Certificate.

Senior Counsel Brian Kennedy , for the Minister for Education and Skills, the Minister for Further and Higher Education and the State, earlier said the cases involved a "systemic" challenge to the calculated grades process and they would need at least four weeks to prepare opposition papers.

Feichín McDonagh SC for the applicants, said the cases were not a systemic attack on the calculated grades but concerned a Ministerial decision last August to "interfere" in that process in response to some criticism in public discourse.

In the St Kilian's case, it is claimed the school consistently achieves a high number of H1s and H2s in Leaving Certificate German.

In a sworn statement, Principal Alice Lynch said it was "impossible to reconcile" that background with the Calculated Grades actually received by students of St Kilian's.

One student had the school's estimated mark of 90% for her reduced to a H3 while another student was downgraded from a H2 to H4 and was refused a CAO place since he did not have the H3 German requirement for the course in TCD.

The calculated grade system was "inherently flawed" and failed to take into account the proven level of German academic attainment for the students in the school the court heard.

In the case by Mr Sherry, of Newtown, Celbridge, Co Kildare, he said, while Belvedere College does not have formal streaming of classes, he says he was in the "faster moving" Leaving Cert classes in four subjects as well as being in the only class in Latin, and, as a result, expected the students in most of his classes would have had a high number of H1 and H2 grades.

He had studied consistently for his Leaving Cert until 8 May when the cancellation of the exam and its replacement with a calculated grades system was announced.

He was "hugely disappointed" his teachers' estimated CAO points total of 542 for him was reduced to 487 under the process.

He had relied on guidelines published on 20 May for students and schools which explicitly stated calculated grades would reflect standards properly aligned across schools and with a national standard. 

The process has not relied on previous school data or historical data on a national level during the standardisation process and that was announced by the Minister at a press conference on 1 September 2020.

Aine Finnegan, who studied for her Leaving Cert at the fee-paying Institute of Education in Dublin, missed out on a place in Medicine at TCD by two points after three of her calculated grades were reduced, also alleges unfairness in the process.

A student who sat the Leaving Certificate in 2019 has withdrawn her case after securing a place on her course of choice.

Martha Woods, who claimed she had been unfairly treated and prevented from pursuing a career in dentistry, has withdrawn her case because she has since secured a place to study dentistry at UCC.

When her case came to court last week her lawyers said she was treated unfairly due to this year's grade inflation in the calculated grades system.

They said steps should have been taken to redress the imbalance for students from previous years who were "placed in the same basket" as those who benefitted from 4.4% grade inflation.

However today her lawyers told the court she was withdrawing her case after receiving place in dentistry in UCC.

Mr Justice Meenan said he was pleased with the outcome and wished Ms Woods every success at university and in her career.