Introduction
The Bombay High Court has permitted a 19-year-old boy to retake his class 12 improvement exam, citing his struggles with anxiety, depression, and Internet Gaming Disorder.
Background
- Student: 19-year-old boy from an eastern suburb of Mumbai.
- Academic History: Consistently scored 85-93% until class 11.
- Issue: During March 2023 class 12 exams, he scored 319 out of 600 due to depression and anxiety.
- Treatment: Received treatment from July to December 2023, diagnosed with Internet Gaming Disorder.
- College Denial: College denied his request to take the March 2024 improvement exam.
Key Points
- Court Order: Division bench led by Justices AS Chandurkar and Rajesh Patil.
- Medical Reports: Court reviewed and accepted the authenticity of medical reports.
- Improvement Exam: Scheduled for July 16, 2024.
- Court’s Decision: Allowed the petitioner to retake the exam, subject to application and late fees.
Legal Provisions
| Law/Section | Description |
| Article 21 of Indian Constitution | Right to Life and Personal Liberty, includes the right to education and the right to a dignified life, which encompasses mental health. |
| Indian Contract Act, 1872 | Section 13 – Free Consent: Mental health issues can affect the ability to provide free consent, relevant in assessing the student’s state during exams. |
| Persons with Disabilities Act, 2016 | Section 3 – Equality and Non-discrimination: Ensures individuals with mental health disorders are provided equal opportunities in education. |
Impact
- Student’s Well-being: The decision supports the student’s mental health and academic future.
- Legal Precedence: Reinforces the importance of accommodating students with mental health issues.
Conclusion
The Bombay High Court’s decision to allow the student to retake his exam emphasizes the significance of mental health and education, ensuring justice and equal opportunity for those affected by medical conditions.
SOURCE – INDIA TODAY
