Mumbai, Jun 19 The Bombay High Court has refused relief to a psychology student suffering from "acute depression and personality disorder", and debarred by her university from taking third-year re-examinations due to low attendance, noting it can only offer her sympathy, but no succour.
A division bench, in an order passed on June 16, a copy of which was made available on Friday, noted judicial interference in academic matters was limited and that educational institutions were best suited to regulate academic standards and attendance requirements.
The bench of of Justices R I Chagla and Farhan Dubash insisted it was not "insensitive" to the girl's circumstances and said it extends its deepest sympathies to her and her family.
"Sympathy, however, cannot be a substitute for legal entitlement. A court is concerned with legality of decision-making and not with re-writing academic regulations or creating exemptions that the governing framework itself does not contemplate," the HC said.
The bench, while dismissing the girl's petition for relief, said it does not find any ground to interfere with the university's decision.
The third year Bachelors in Science (Applied Psychology) student, in her plea, had sought quashing of an April 15 debarment letter issued by a Mumbai-based university due to her low attendance.
The plea urged the university to consider her exceptional medical circumstances and permit her to appear in third-year re-examinations scheduled this month. If she was not permitted to do so then she would lose an entire academic year which would cause irreparable prejudice to her educational career and mental well-being, it said.
The student said her attendance in the previous semesters were above the required percentage and that in the last semester (this year) she was diagnosed with a psychiatric condition and personality disorder due to which she suffered from depression, impaired emotional regulation and stress intolerance.
The plea claimed the girl in March this year suffered an acute medical episode involving suicidal ideation and hallucinations after which her parents took her to her hometown in Uttar Pradesh.
The girl's father informed the same to the university, but later did not send any further communication to the institute on her absence from classes.
After the girl remained absent for a month, the university on April 15 issued a debarment letter disallowing her from appearing for the final semester re-examinations.
The girl's father then sent the university an email requesting them to allow her to appear for the re-examination, but there was no response.
The court, in its order, noted that no exceptional case has been warranted for it to interfere and quash the debarment letter.
The bench further said that it was not a medical expert to interpret and independently assess medical records and psychiatric evaluations and that its scope in academic matters was limited.
Educational institutions and academic bodes are best suited to regulate academic standards and attendance requirements, the HC said, adding judicial interference is unwarranted unless there is a clear case of arbitrariness or violation of statutory provisions.
The court further held that attendance regulations apply uniformly and that 350 other students, too, have been rendered ineligible for the exams due to shortage of attendance.
