Bombay High Court Permits Student To Take HSC Re-Examination After He Scored Low Due to Depression & Internet Gaming Disorder
The Bombay High Court permitted the student to appear for H.S.C. re-examination who scored low marks due to depression and was diagnosed with Internet gaming disorder.
The Court said that while it was required for the student to seek improvement in his marks in the immediately succeeding examination, that was not possible for him as he was undergoing treatment during that period.
The bench of Justice A. S. Chandurkar and Justice Rajesh S. Patil observed, “In the peculiar facts of the case, we find that an opportunity deserves to be granted to the petitioner to seek improvement in his marks since he was precluded from doing so earlier for medical reasons.”
Advocate Anil D’Souza appeared for the Appellant and Advocate Kiran Gandhi appeared for the Respondent.
Brief Facts-
The Court was hearing a Writ Petition where it is the case of the petitioner that he, a bright student with an academic record of 85% and above till 11th Standard, secured only around 50% marks in his H.S.C. Examination due to depression. He was diagnosed with Internet Gaming Disorder.
According to the Board of Secondary and Higher Secondary Education's regulations, students can improve their marks in the next immediate examination, but the petitioner could not take that opportunity as he was undergoing treatment. He requested permission from his college to appear for the examination later but received no response, prompting him to approach the Court.
The Court noted that the documents on record including the medical reports indicated that the petitioner was undergoing treatment for Internet Gaming Disorder for at least 6 months after the main examination was held.
He further noted that the petitioner could not appear for the examination held for the next session despite requesting the College in that regard.
Relying on the medical reports, whose authenticity is not doubted, the Court said, “the medical papers substantiate the petitioner’s plea that he was unable to take the said examination earlier.”
Accordingly, in the interest of justice and subject to the petitioner making the requisite application seeking permission to appear in the July-2024 Examination, the Court permitted the student to appear in the July-2024 Examination.
Cause Title: Aradhya Arvind Singh v. State of Maharashtra (Neutral Citation: 2024:BHC-AS:26216-DB)
Appearance:
Appellant: Adv. Anil D’Souza
Respondent: AGP Tanaya Goswami and Adv. Mr. Kiran Gandhi