south1 wrote:Anyone is entitled to resit this examination how many times he wishes as long as he pays the resit fee
And that is the argument which you might have to prove, if this matter reached a court. That anyone who has ever been a student at that education provider (or anyone in the world?) has an indefinite right
to pay the fee and sit the exam, repeatedly for the rest of their lives, regardless of whether the education provider wishes to provide that service.
I would be very surprised if the education provider could be under such an open-ended contractual duty. There must be a point where the education provider can say "we decline your custom, please pursue your academic interests elsewhere".