There are a number of just-so stories you can make about them being either unfair or fair - but the education field doesn't consider this a settled question, and unless you're looking at the data in a systematic fashion with a clearly defined outcome and access to lots of control variables, you can't actually be sure the test yields the "best" students.

And indeed, the definition of "best" in this context is circular.

I'm not saying you're wrong, just that you can't be certain you're right.