Bombay High Court: The instant petition was filed by a student who had appeared for the Higher Secondary Certificate Examination (“exam”) in 2023 while suffering from depression and anxiety, due to which, he could not secure a great score and aimed to improve the same. While undergoing treatment for his mental health issues at Bhabha Atomic Research Centre Hospital, the student was diagnosed with Internet Gaming Disorder.
The Board of Secondary and Higher Secondary Education Regulations (“Regulations”) provide for a one-time opportunity for the betterment of examination score by reattempting the exam in the next ensuing examination schedule. However, since the petitioner was undergoing treatment in between July to December 2023, he could not prepare for the exam set to be held in February 2024, and he requested the college to permit him to appear for the examination to be conducted in March 2024. The college did not respond to the request and the petitioner approached the Court for redressal, by requesting to be permitted to appear for the exam to be held in July 2024.
The Division Bench comprising of A.S. Chandurkar* and Rajesh S. Patil, JJ., perused the documents on record, and found that the petitioner was a bright student, having secured good scores until their 11th Standard, and the Court also found that the medical records submitted by the student substantiated his plea as to the reason for his inability to take the exam.
Therefore, in the interest of justice, the Court permitted the petitioner to appear in the exam that is to commence from 16-07-2024, subject to the payment of late fees. The Court also emphasised that this decision shall not be treated as precedent since it was issued in the backdrop of the petitioner’s ailments peculiar to the case.
[Aradhya Arvind Singh v. State of Maharashtra, 2024 SCC OnLine Bom 2055, decided on 04-07-2024]
*Judgment pronounced by: Justice A.S. Chandurkar
Advocates who appeared in this case:
For the petitioner: Anil D’Souza, Advocate
For the respondents: Tanaya Goswami, Assistant Government Pleader; Kiran Gandhi, Advocate