'Board Must Ensure Student's Career Isn't Damaged': Gujarat HC Condones Class 10 Student's Attendance Shortage, Allows Him To Write SSC Exams

The Gujarat High Court has allowed a Class 10 student suffering from medical ailments to write his SSC board exams, after the student approached the court to seek condonation for his attendance shortage following debarment by the CBSE.

The Court observed that academic careers should not be damaged due to rigid attendance rules, especially in exceptional medical circumstances.

Justice Aniruddha P. Mayee presiding over the case, opined, “the respondent authorities are bound to ensure that by exercise of the powers, the academic career of the students is not damaged and they are not deprived from pursuing their academic career and that they should be given an opportunity to prove themselves in the examinations. Denial of condonation of delay of shortage in the percentage of attendance, without valid reasons would result in loss of one academic year for any student and looking at the case of the petitioner, it can also be said that the decision of the respondent Nos.1 and 3 would also damage the petitioner by loss in his confidence and aggravating his Phobia and anxiety. The respondent authorities were expected to take into account all the relevant factors while considering the application of the petitioner for condonation of shortage of attendance.”

“It is sad to note that the respondent No.2 school has also not been supportive in this case and coming to the rescue of the petitioner who is their student and who ought to have been given proper opportunity to appear in the examination to boost his confidence and save his academic career,” Justice Mayee further noted.

The case involved a Class 10 student diagnosed with phobia, anxiety, mixed depression, and impulsive disorder, who faced significant attendance issues due to his health condition. Despite undergoing extensive psychiatric treatment and counseling, the student experienced multiple anxiety attacks, affecting his school attendance. By the end of December 2023, the student was deemed fit to return to school, but another anxiety attack before the pre-board exams led to hospitalization.

The school informed the parents that the student's attendance was insufficient for participation in the board exams. The parents' request for condonation of attendance was forwarded to the CBSE, but the application was declined on February 7, 2024, preventing the issuance of an admit card for the exams starting February 21, 2024.

The student, having prepared diligently for the exams while managing his health issues, found the rejection demoralizing. Subsequently, a writ petition was filed seeking relief.

The Court while allowing the petition noted, “Further, in the present case, by interim orders of this Court, the petitioner has been allowed to appear in the board examination and he has also sincerely attempted the Class 10th Board Examination despite coping with his illness, the petitioner ought to be given an opportunity to try and save his academic year, which is not detrimental to any interest of the respondents. Further, it would be unjust and unfair to put the petitioner at a disadvantageous situation at this stage.”

“In view of the aforesaid observations, this Court finds that the petitioner is eligible for condonation of shortage of attendance and his case is covered within expressions “exceptional circumstances created on medical grounds” in Rule 14(ii) and “any other reason of similar serious nature” in Rule 14(iv)(c) of the Examination Bye-Laws.”Accordingly, the Court stated that the shortage of attendance of the petitioner for the academic year 2023-24 was condoned as per Rule 14 of the Examination Bye-laws of CBSE.

“The petitioner is to be treated as validly appeared in the Class 10th Board Examination and the respondents are directed to declare the result of the petitioner. He will further be entitled to all the benefits which will follow thereafter,” the court concluded while setting aside the impugned communication dated 7.2.2024 issued by the respondents.

Case Title: Pranshul Tarabhai Pant Through Father Tarabhai Chandrabhai Pant Versus Central Board Of Secondary Education (Cbse) & Ors.

LL Citation: 2024 LiveLaw (Guj) 82

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