Point of Law - 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. This is one such case. The aspect of petitioner having cleared the examinations and acquiring the minimum credit marks, cannot be overlooked to put the petitioner at a disadvantageous situation. When the medical illness of the petitioner was attributable to the pandemic period and was during the pandemic period, when the Regulations of the respondent Institute permitted the supplementary examinations in such eventuality and when the petitioner has cleared the supplementary examinations successfully, it will be inequitable, arbitrary and contrary to the tenets of justness, fairness and equality, to disregard the factor.

JUDGMENT :

N.V. ANJARIA, J.

1. Heard learned advocate Mr. Ronith Joy for the petitioner and learned advocate Ms. Megha Jani for the respondents.

2. The petitioner is a student pursuing the course of B.Tech. under the respondent Sardar Vallabhbhai National Institute of Technology. By filing the present petition under Article 226 of the Constitution, the petitioner has prayed to set aside decision of the Academic Performance Review Committee as reflected in communication dated 05th October, 2020 by Dean (Academic) cancelling the registration and admission of the petitioner student. Also challenged is the order dated 12th March, 2021 of respondent No. 1. The next prayer is to set aside order dated 04/05th November, 2020 of the same authority rejecting the request of the petitioner. Also prayed is to quash decision dated 04/05th November, 2020 reflected in communication issued by Dean (Academic) and Chairman, Academic Performance Review Committee.

2.1 By said decision dated 04/05th November, 2020, the request of the petitioner was turned down on the ground that though all avenues were explored, in view of the Regulation 10.3(a) of the Academic Regulations, nothing could be done. In impugned order dated 12th March, 2021, the petitioner’s request for reconsideration of cancellation of admission, which was made pursuant to order dated 10th February, 2021 of this Court passed in Special Civil Application No. 2558 of 2021, came to be rejected.

3. It is the case of the petitioner that he passed his qualifying 12th standard examination with flying colours obtaining 85% thereafter cleared the prestigious JEE examination by getting All India Ranking and secured admission in the respondent Institute in Bachelor of Engineering course. It is the case that during the lockdown, the mental health of the petitioner deteriorated. He reeled under depression which started from January, 2020 and peaked in May-June, 2020. It is stated that petitioner conceived even suicidal thoughts at regular bouts. For such compelling reasons, the petitioner could not appear in the examination which was conducted online by the respondent Institute, it was pleaded. The petitioner appears not to have conveyed his feelings to his parents.

3.1 The Academic Review Committee on 18th September, 2020 resolved to remove the petitioner from the course on account that he could not earn 25 credit at the end of second semester. It appears that petitioner had previously filed Special Civil Application No. 2558 of 2021 which was disposed of on 10th February, 2021 and respondent No. 1 was directed to decide the representation of the petitioner. After the said order, the representation came to be decided and the respondents stuck to their earlier decision to reject the request of the petitioner as reflected in their communication dated 04/05th November, 2020.

3.2 Going back to the facts of the case as stated by the petitioner, during the period of pandemic, his mental health got deteriorated, even as the petitioner was otherwise brilliant student and had stellar academic background. The petitioner, because of his introvert nature, could not convey his feeling of depression. He did not appear in the online examination. The parents were not aware about the such state and frame of mind of the petitioner. It is stated that the parents of the petitioner continue to try paying of fees of third semester but were unable to pay on-line. It was on 29th September, 2020 for the first time that the parents became aware that petitioner was removed from the Institute. Several letters came to be written by the parents to the Institute to show mercy and to request that if chances given, the petitioner would make up the deficiency.

3.3 Amongst the request communications addressed to the respondents by the parents, the last was dated 25th December, 2020, together with which doctor’s certificate dated 21st December, 2020 was annexed. Said communication dated 25th December, 2020 making request to reconsider the