SC seeks response from IIT Delhi, Kharagpur on plea to transfer student due to mental health condition

New Delhi: A meritorious student was caught in an institutional dispute between two premier IITs, with IIT Kharagpur accused of denying his medically necessary transfer, worsening his documented mental health condition. 

The student, who required specialised therapy available in Delhi, sought a transfer to IIT Delhi as per Inter-IIT rules, especially given the proximity to AIIMS Delhi. However, IIT Kharagpur, after initially agreeing to examine his case by constituting a medical board, abruptly rejected his request on the same day, thereby forcing him to choose between his health and his education. 

Acting on his plea argued by advocate Vipin Nair, a bench of the Supreme Court, Justices B V Nagarathna and and R Mahadevan has issued notice to IIT Delhi, IIT Kharagpur, and AIIMS Delhi. 

The court fixed the matter for consideration in October.

The plea invoked the apex court's recent ruling in Sukdeb Saha Vs State of Andhra Pradesh, which explicitly recognized the right to mental health as a fundamental right under Article 21 of the Constitution. 

The court’s move signals a critical push to enforce the guidelines laid down in that judgment and the recommendations of the National Task Force on Student Mental Health, holding premier institutions accountable for student well-being. 

The petitioner, a first-year Bachelor of Architecture student at IIT Kharagpur (JEE Advanced AIR 3587, SC Category), sought the apex court's intervention of this for his medically necessitated transfer to IIT Delhi.

His plea claimed he suffered from borderline personality disorder, following a complex medical journey beginning in 2019 when he was initially diagnosed with depression and anxiety at PGI Chandigarh.

"Due to his younger age, he was unable to properly articulate his symptoms, receiving low-dose medication that continued until 2022 without significant improvement. As his condition persisted and his ability to communicate symptoms improved with age, he underwent specialized RTMS therapy for 1-2 months of daily treatment in 2022," it said.

Although RTMS facilities existed in West Bengal, they are located in Calcutta (not Kharagpur) at prohibitively expensive private hospitals beyond the petitioner's financial means, while affordable government facilities providing this specialized treatment are available at AIIMS Delhi, merely 7 kilometers from IIT Delhi campus, it said.

"Since IIT Delhi does not offer a B Arch program, the transfer necessarily involved placement in a suitable B Tech program either based on his JEE Advanced rank or to a branch to which the lowest All India Rank JEE student was admitted strictly following the established Inter-IIT Transfer Rules that permit medical transfers with appropriate program placement," the plea stated.