A home-schooled Leaving Certificate student is seeking High Court permission to bring a case requiring the Department of Education to urgently consider his application for calculated grades.

Elijah Burke, 18, from Cloonsunna, Castlebar in Co Mayo claims excluding home-schooled students from the calculated grades process breaches his legal and Constitutional rights and is arbitrary, unfair, discriminatory and unreasonable.

He says he will not be able to go on to third-level education for another year unless the court intervenes.

The application for leave to seek judicial review was adjourned until Wednesday to allow the minister's side time to respond.

Mr Burke is one of ten siblings who have all been educated at home by their mother.

She is a registered teacher who has also worked as an examiner for the State Examinations Commission.

The court was told Mrs Burke had contacted the minister's office directly and the calculated grades executive office to have Elijah considered for a calculated grade.

She also wanted "clarity" for home-schooled students, but no firm reply had been received.

Elijah says he has studied diligently, followed the Department of Education curriculum and is registered to sit the Leaving Cert in nine subjects at higher level.

He is hoping to study Biomedical Science or History with Music at NUI Galway.

The points last year for those courses were 533 and 318 respectively and he expected to get well above that based on his past performance in mock exams.

He has also completed all grades in classical piano, is studying for an associate diploma in piano teaching and has won a number of music competitions, including winning the Royal Irish Academy Composing Competition three times.

Eight of his siblings have averaged 520 points in the Leaving Certificate and all have first class honours degrees in various fields.

Two have postgraduate degrees and another is graduating with a PhD this year.

His lawyers argue that while guidelines for calculated grades prevent accepting estimated grades for a home schooled student from a teacher or tutor who is a close relative, this could be resolved by an independent teacher or principal assessing the evidence to determine if a calculated grade could be provided.

They argue the minister has made no effort to put a system in place for students educated at home, although one has been provided for school going children whose parents are teachers.