The head of a private college, a parent and a student are taking a constitutional case against the Minister for Education and the Government alleging discrimination against students at private third-level colleges.
They are arguing that the last Government's abolition of tuition fees in publicly owned third-level colleges discriminates against privately owned colleges following nationally approved and certified courses.
The case is being taken by Mr Raymond Kearns, the president and owner of Portobello College in Dublin; Mr Patrick Jordan, a retired Garda superintendent from Clontarf, and his son, also Mr Patrick Jordan, a student at the college.
They argue that under Article 42.4 of the Constitution, there should be no discrimination in such public funding between publicly owned and privately owned third-level colleges.
Article 42.4 says the State "shall endeavour to supplement and give reasonable aid to private and corporate educational initiative".
Mr Jordan jnr is taking a degree course at Portobello College approved by the National Council for Educational Awards, a statutory body. The course is similar to those taken in regional technical colleges.
If the case succeeds, some observers estimate it could cost more than £5 million to extend the free fees concession to students in private colleges.
Lawyers for the plaintiffs will argue that Mr Kearns, by founding Portobello College, was serving the "vital public interest" in that he was providing third-level courses for students who could not gain entry to publicly owned colleges because the demand for third-level places far exceeds the supply.
They will also cite Article 6 of the Constitution on the "common good", Article 40.3 on personal rights, and European law.
They will argue that education, like any other service in the European Union, should be equally available to all students, and that the requirement to pay tuition fees in private Irish colleges is therefore a restriction on the free movement of students.
Lawyers for the plaintiffs expect the case to be heard in the middle of next year.