A group of students has been granted a court hearing so they can continue their fight against Ofqual and the government to have their GCSE exam papers re-marked.
The alliance of pupils, councils and schools submitted papers for a judicial review at London's High Court to challenge the grading of this summer's English papers. The judge ordered an "urgent hearing" of the case, which will now be heard in open.
Around 400 cases are involved with the alliance, who argue Ofqual is responsible for the last-minute shift in grade boundaries during the summer exams - which were set far higher than in January.
On Wednesday, 45,000 students will re-sit their English GCSEs after being told their papers would not be re-marked.
There has been controversy over the Welsh education secretary's decision to intervene in the fiasco, something Michael Gove resolutely refused to do, meaning those just across the border in Wales have been allowed to re-sit.
Despite Ofqual admitting the fiasco has had a "serious impact on the perception of fairness", the examining body, led by Glenys Stacey, has stuck by its guns.
The decision will come as a huge victory for many students, including Jodie Sullivan and Lade Ajose, both 16, who launched a petition to have their papers re-marked after being left "devastated" by their grades.
An Ofqual spokesperson said: "We will co-operate fully with the judicial review process and will continue to rigorously defend our decisions."