The bench of justice NV Anjaria of Gujarat High Court 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 bench also observed that Depression is a serious illness especially in the context of Covid and set aside the decision and order of a government institution to cancel the registration and admission of its student upon his failure to appear for the examination as he was depressed and feeling suicidal.
The Court further directed the University to reconsider its stand of cancelling the registration of the petitioner / student and come up with a fresh decision on the case as per the discussions in the court.
The student has been pursuing B. Tech. at Sardar Vallabhbhai National Institute. He did not complete the minimum requirement of earned credit due to his mental health following which the Institute sought to remove him from the Institute on the basis of the decision made by its Academic Performance Review Committee.
