IIT Kharagpur student moves SC for transfer to Delhi citing mental health treatment

A first-year IIT Kharagpur student has moved the Supreme Court seeking a transfer to IIT Delhi, citing the need for specialized therapy available only in the capital.

The student, from the Scheduled Caste category, is pursuing a Bachelor of Architecture degree and has been diagnosed with borderline personality disorder.

He requires Repetitive Transcranial Magnetic Stimulation (rTMS) therapy, which is accessible at AIIMS Delhi but not in Kharagpur except through costly private hospitals.

The petitioner argued that medical transfers have been approved in the past for other students, making the refusal in his case discriminatory.

“The IIT transfer mechanism permits students to shift institutions for medical reasons,” the plea said, adding that treatment in Delhi would also allow him to remain under parental supervision.

On Sept 26, a Bench of Justices BV Nagarathna and R Mahadevan issued notices to IIT Kharagpur, IIT Delhi, and AIIMS, listing the matter for hearing on Oct 10 after the Dussehra break.

The court has kept the student’s identity confidential. Advocates Vipin Nair, Aditya Narendranath, and MB Ramya are representing the petitioner.

The case is one of the first to test the implications of the Supreme Court’s July ruling that recognized mental health as part of the right to life.

The judgment had underlined that “mental health is central to dignity, autonomy, and well-being” and directed institutions to frame policies that address students’ psychological needs.

The court had cited the Sukdeb Saha case, which exposed systemic gaps in educational settings following the death of a 17-year-old student at a NEET coaching center.

The petition also draws on Section 18 of the Mental Healthcare Act, which ensures access to mental health services, and past rulings such as the Shatrughan Chauhan and Navtej Singh Johar cases, which affirmed mental integrity and psychological autonomy as aspects of human dignity.

Legal experts say the outcome could shape how Indian universities and institutes accommodate students requiring mental health support, especially when affordability and accessibility of treatment are at stake.