IMPORTANT POINT
Educational institutions must implement mental health and anti-discrimination policies to ensure equal opportunities and support for all students, particularly marginalized groups.

ORDER :

(Suraj Govindaraj, J.) :

1. The Petitioner is before this Court seeking for the following reliefs.

a) Issue a Writ of Certiorari or any other appropriate writ, order or direction quashing the email dated 19.05.2022 issued by the Respondent No.3 placed as Annexure-B and the email dated 07.06.2022 issued by the Respondent No.2 placed as Annexure-J as illegal and arbitrary

b) Issue a Writ of Mandamus or any other appropriate wit, order or direction directing the Respondent No.2 to grant academic rehabilitation to the Petitioner and reinstate him on all platforms to ensure that he granted equal opportunities as other members of his course.

c) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the Respondents to refrain from taking any further retaliatory measures against the Petitioner

cc) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the Respondent No. 1 to 3, to ensure appropriate guidelines are framed for on campus mental health counseling in compliance with the provisions of the Mental Health Care Act, 2017.

ccc) Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the Respondent No. 1 to 3, to frame and duly implement an appropriate campus policy for transgender students under the provisions of the Transgender Person (Protection of Rights) Act, 2019.

d) Issue any other order or orders as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case including the costs of this writ petition, to meet the ends of justice.

2. During the pendency of the above matter, a submission was made by Sri. Pradeep Sawkar, learned counsel appearing for Respondent Nos.1 to 3 that the order challenged at Annexure-B has spent itself and further that Respondent Nos.1 to 3 would hand over all the testimonials and original documents of the Petitioner so as to enable the Petitioner to apply for and enroll himself in any other educational institution of his choice. It is further submitted that any reference checks made by any of the Universities and or the Colleges applied to by the Petitioner, probable employers of the Petitioner, to the Respondent university, Respondent Nos.1 to 3 - University would not advert or refer to any of the unfortunate events which occurred between the Petitioner and Respondent Nos.1 to 3 – University which is the subject matter of this writ petition. These events could have been better handled as such there is no requirement for the University to bring them to the notice of any other University or employer.

3. I am of the considered opinion that the said fair submission on part of Sri. Pradeep S Sawkar would answer the grievances of the Petitioner and more so, now that the Petitioner does not wish to prosecute his studies with Respondent Nos.1 to 3 and wants to train in other universities or colleges of his choice.

4. One other submission made by learned counsel Sri. Pradeep S. Sawkar, that the Petitioner has put up several posts on social media which do not portray Respondent Nos.1 to 3 in good light and i.e., causing embarrassment for Respondent Nos.1 to 3.

5. Learned counsel for the Petitioner submits that all the posts that had been put up on social media have already been removed/taken down and if not so removed will be removed at the earliest at any rate within 15 days from today. His submission is placed on record.

6. It is also made clear that like the Respondents not adverting to the unfortunate events, the Petitioner shall also not advert to those unfortunate events in any media, social media or the like in future.

7. Some important aspects have arisen for consideration in the present case. It had come to light that there is no mental health policy which is in effect with Respondent Nos.1 to 3, which has resulted in the unfortunate events. Taking cognizance of this situation, Respondent Nos.1 to 3 have voluntarily come forward and formulated Mental Health Policy (version 1 July, 2024) which