Takeoff/Landing same direction?

Here is a question for you DPE's and Instructors to weigh in on.

A student pilot on his checkride, was not passed for his private for
the following reason. He landed in the opposite direction that he took
off from.

A little background, the entire days operation was operating from
runway 18. His two previous flights
with this DPE went without a hitch. On the third flight as the student
was entering the pattern, the DPE instructed the student to cross the
IP and as he did so he instructed the student to open the dive brakes
(SGS-233) fully and then announced to the student "Stuck Spoilers".

The student at this point made the decision to enter the pattern for
runway 36. He told us later that it was because he was already going in
that direction as he entered the IP and losing altitude fast and didn't
feel he had enough altitude to make a 180 and enter the pattern in the
opposite direction.

He felt that the stuck spoilers created an extraordinary situation and
therefore a downwind landing was the safer option.

This was followed by much discussion concerning whether he violated any
rules.

So, here is the question for you knowledable fellows.
Is there anything in the Private Pilot flight test or in the FAR's that
this pilot violated, or was this a justifiable reason for the DPE to
fail this student?
_____________

As an aside and much to everyone at the field's amusement, about 20
minutes later this DPE then proceeded to taxi his personal aircraft out
and take off "downwind" the same direction he just busted the student
for.

Willie G.