The Gujarat High Court was of the view that particularly in the context of the currency of the pandemic period, the depressive state of mind and the depression created in the petitioner student, can be classified as serious illness. 

In the present petition under Article 226 of the Constitution, the petitioner has prayed to set aside the decision of the Academic Performance Review Committee by Dean (Academic) cancelling the registration and admission of the petitioner student. The petitioner is a student pursuing the course of B.Tech. under the respondent Sardar Vallabhbhai National Institute of Technology. the petitioner that he passed his qualifying 12th standard examination obtaining 85%, thereafter cleared the JEE examination and secured admission in the respondent Institute in Bachelor of Engineering course.  The petitioner's mental condition deteriorated during the lockdown. He suffered from depression that began in January 2020 and peaked in May-June 2020. It is claimed that the petitioner had suicidal ideas on a frequent basis. It was stated that the petitioner was unable to participate in the respondent Institute's online examination due to such compelling grounds and because of his introverted nature, could not convey his feeling of depression to anyone, nor to his parents. The Academic Review Committee resolved to remove the petitioner from the course on account that he could not earn 25 credits at the end of second semester. It is stated that the parents of the petitioner continue to try paying fees of the third semester but were unable to pay on-line. Later, the parents became aware that the petitioner was removed from the Institute. Several letters came to be written by the parents to the Institute to show mercy and to request that if given, the petitioner would make up for the deficiency. 

The learned advocate for the petitioner submitted that it was due to the mental condition of the petitioner that he was not able to make the application on medical grounds before or during the end-semester examinations. As per the Psychologist certificate, it was certified that the petitioner is diagnosed with severe depressive episodes with suicidal ideation currently in partial remission. In the affidavit-in-reply filed by the respondent Institute, it is submitted that the students are bound by the Regulations for the B.Tech. Programme and did not permit to make any special exception. 

If the Regulations of the respondent Institute for B.Tech. Programme are surveyed, regulations 15.3 and 15.4 refer to a student who is unable to present in an examination due to a compelling reason, with serious illness being one such compelling reason. Such a student is permitted to take the extra examination on medical grounds.  The reason why the petitioner could not appear in the regular semester examination, suffered strokes of depression during the pandemic and hence appeared in supplementary examination in view of the interim order and has cleared both the semesters earning the minimum credit marks. The court has reason to believe that the pandemic's impact on the petitioner's tender mind caused him to withdraw from his studies. There is no reason to disbelieve the petitioner's claim because there is nothing to contradict it. 

The Bench of Justice N. V. Anjaria observed, “Approach of sympathy is not the rule of law, yet the law has to be benevolent to sub-serve the interests of justice, wherever the facts and circumstances so justify and demand”. 

The decision of the Academic Performance Review Committee by Dean (Academic) cancelling the registration and admission of the petitioner student is hereby set aside and shall pass fresh order in relation to the case of the petitioner and about permitting the petitioner to continue his studies.