Gujarat HC: Depression Can Be Classified As 'Serious Illness' In COVID's Context

KEY TAKEAWAYS

• Depressive state of mind more particularly in the context of the currency of the pandemic period can be classified as serious illness.
• Court set aside the cancellation of admission of an engineering student for not appearing for requisite exams due to depression and suicidal thoughts.
• Ground of deteriorative mental health is to be viewed as genuine. Law has to be benevolent to sub-serve the interests of justice.

CASE BACKGROUND

• A B.Tech student, who studied in Sardar Vallabhbhai National Institute of Technology, Surat, failed to earn enough credits required for getting promoted to the next semester, due to which the college cancelled his admission.
• In his plea he stated during the period of pandemic, his mental health deteriorated and was dealing with depression and suicidal thoughts.
• He claimed suffering from “severe depressive episodes with suicidal ideation” from Jan 2020 till the mid of the year and thus could not appear in the online examination.
• The parents were not aware about the such frame of mind of the petitioner.

COURT’S OBSERVATION

• The HC in its order observed that the plea can be viewed as genuine. There is nothing to question about the circumstances of the plaintiff and to doubt it would be insensitive.
• Court stated that mental condition of the petitioner has also been fortified by the certificate of a doctor and pandemic period comes under are special circumstances.
• The result of the supplementary examinations of both first and second semester were ordered to be placed on record by the court.

ORDER OF THE COURT

• The court allowed the petitioner to sit for the supplementary examination in May 2021, and result of same was ordered to be placed on record by the court.
• Petitioner cleared the exams and thus, the court held it will be inequitable, arbitrary and not fair, to disregard the factor of mental health.
• The competent authority of the respondent Institute shall permit the petitioner to continue his studies in the college.

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