Authorities Bound To Ensure That Students Aren’t Deprived From Pursuing Academic Career: Gujarat HC Condones Attendance Shortage Of Class X Student

The Gujarat High Court condoned the shortage of attendance of Class X student who was denied to sit in the Board examination.

The student through his father filed a Special Civil Application against Central Board of Secondary Education (CBSE) seeking relief from the court.

A Single Bench of Justice Aniruddha P. Mayee observed, “This Court is of the opinion that the respondent authorities are bound to ensure that by exercise of the powers, the academic career of the students is not damaged and they are not deprived from pursuing their academic career and that they should be given an opportunity to prove themselves in the examinations. Denial of condonation of delay of shortage in the percentage of attendance, without valid reasons would result in loss of one academic year for any student and looking at the case of the petitioner, it can also be said that the decision of the respondent Nos.1 and 3 would also damage the petitioner by loss in his confidence and aggravating his Phobia and anxiety.”

The Bench added that the authorities were expected to take into account all the relevant factors while considering the application of the aggrieved student for condonation of shortage of attendance.

Advocate Sandip H. Munjyasara appeared on behalf of the petitioner while Advocate K.V. Shelat appeared on behalf of the respondents.

Brief Facts -

The petitioner was Class X student in the respondent school and for the academic year 2023-24, upcoming Board Examination was scheduled to start from February 15, 2024. The student’s parents notice a changed behavioural pattern in him. He used to attend the school for some days and then was found to avoid the school. From August 2023, he was treated by a Psychiatrist and he was diagnosed with Phobia, Anxiety, and required Psychiatric help. Since he was not properly responding to the treatment regarding his mental issues, his parents decided to go for advance treatment. He was diagnosed with Mixed Depression and Anxiety as well as Impulsive Disorder. It was also identified that one of the reasons for his anxiety was the backlog of school work due to his absence in the school.

Pursuant to his treatment and regular medication, the student was found fit by treating Doctor to resume school at the end of December 2023, but unfortunately, as soon as the pre-board exam was to start, he had another anxiety attack and had to be hospitalized in January 2024. As a result, the school intimated his parents that he cannot appear in Class X board examination due to his low attendance during the academic session. His parents via application requested the school to condone his attendance shortage, and hence, the school forwarded the application to CBSE. However, CBSE declined their application and no admit card was issued to the student. Therefore, he approached the High Court.

The High Court in view of the facts and circumstances of the case said, “In the present case, it is not disputed that the petitioner was suffering from mental health issues, particularly anxiety and phobia. Each individual student experiences various stress. Some may cope with these challenges while others may not be able to do so. The personal capacity of an individual plays an important role in management of such issues. Students who are able to cope with such stress of learning or academic environment can experience such mental health issues which can be dangerous and life threatening. Further, it is also important to take note that most of the schools lack the facility of counselling in India.”

The Court noted that with the increased academic demands, the student in present times are more susceptible to such mental health issues and such issues have detrimental impact on a student psychologically and emotionally and thereby affects his academic performance.

“A student’s psychological set up is also the result of the demands of the present day school life where they have to compete at a very high level, have to match the excessive expectations of the teacher, overload of the academic work and burden of examinations. There may be cases where the students are not able to cope up with such a situation. … the ailment undergone by the petitioner student was definitely serious enough to prompt a situation for such long absence and since the list of ailments is illustrative and not exhaustive, sub-rule 4(c) of the Bye-laws states that “any other reason of similar serious nature”, it further remarked.

The Court emphasised that the authorities ought to have considered the case of the petitioner as an exceptional case as the attendance shortage was for a particular reason of illness which was beyond the control of the student and his parents.

“Mere technicality of the school of not recommending condonation of shortage of attendance should not also come in the way of the respondent Nos.1 and 3 to ensure that the opportunity is to be granted to a student in the academic career and to educate him. It is sad to note that the respondent No.2 school has also not been supportive in this case and coming to the rescue of the petitioner who is their student and who ought to have been given proper opportunity to appear in the examination to boost his confidence and save his academic career”, it also said.

The Court enunciated that the petitioner ought to be given an opportunity to try and save his academic year, which is not detrimental to any interest of the respondents as it would be unjust and unfair to put the petitioner at a disadvantageous situation at this stage.

“In view of the aforesaid observations, this Court finds that the petitioner is eligible for condonation of shortage of attendance and his case is covered within expressions “exceptional circumstances created on medical grounds” in Rule 14(ii) and “any other reason of similar serious nature” in Rule 14(iv)(c) of the Examination Bye-Laws”, it concluded.

Accordingly, the High Court allowed the application, condoned the attendance shortage of the petitioner, set aside the communication of CBSE, and directed the respondents to declare his result.

Cause Title- Pranshul Tarabhai Pant through father Tarabhai Chandrabhai Pant v. Central Board of Secondary Education (CBSE) & Ors.

Appearance:

Petitioner: Advocates Sandip H. Munjyasara and Himanshi R. Balodi.

Respondents: Advocate K.V. Shelat

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