TANISH JITENDRA KOCHHAR v. UNION OF INDIA
Court: High Court of Uttarakhand
Bench: REGISTRAR (JUDICIAL)
Judgment date:
Case summary
High Court of Uttarakhand judgment dated 2026-04-28. TANISH JITENDRA KOCHHAR v. UNION OF INDIA. Read the judgment and case details on LawSphereX.
Judgment text
2026:UHC:3211 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 2372 of 2025 th 28 April, 2026 Tanish Jitendra Kochhar ………. Petitioner Versus Union of India and another ………. Respondents ---------------------------------------------------------------------- Presence:- Mr. Devang Dobhal and Ms. Swati Verma, learned counsel for the petitioner. Mr. Rajesh Sharma, learned C. G. S. C. for the Union of India/respondent no. 1. Mr. Digvijay Nath Dubey, learned counsel, through video conferencing, with the Mr. Jagdish Singh Bisht and Mr. Tanmay Tiwari, learned counsel for the I. I. M. , Kashipur/respondent no. 2. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. This writ petition has been filed by the petitioner for quashing the communication/letter No. IIMKPV/MBAA/05/2025 dated 27. 05. 2025, annexure no. 4 to the writ petition, issued by respondent no. 2-I. I. M.
Kashipur, whereby the petitioner was declared disqualified th for promotion in the IV Term Semester and further seeking a direction commanding respondent no. 2-I. I. M. th Kashipur, to promote the petitioner to the Second Year IV Term Semester of the P. G. Programme. 2. Facts of the case shorn off unnecessary details are that petitioner took admission with the respondent no. 2-I. I. M. Kashipur, in M. B. A. (Analytic) Programme 2024- 26, a two year programme consisting of six semesters. Petitioner was admitted in the respondent no. 2-I. I. M. , Kashipur under the Category of Differently Abled Persons on the basis of a Disability Certificate. The petitioner rd cleared III Term Semester of the aforesaid course, but th while he was in the IV Term Semester a dispute arose 2026:UHC:3211 between the Institution and the petitioner with regard to th his promotion to the IV Term Semester of the Second Year.
The reason of dispute was that the petitioner has to secure less than 15 Deficit Credit Point (D. C. P. ), but instead he secured 17 D. C. P. in the First Year and therefore he was refused promotion. 3. Aggrieved by the decision of the respondent th no. 2-I. I. M. Kashipur of not promoting petitioner to the IV Term Semester, petitioner moved this Court by filing present writ petition, in which petitioner got an interim order dated 11. 08. 2025, whereby respondent no. 2-I. I. M. Kashipur, was directed to provisionally allow the petitioner to attend classes of Second Year of M. B. A. (Analytic Programme 2024-26) at I. I. M. , Kashipur. The operation of the impugned communication/letter dated (Analytic) Programme 2024-26 was kept in abeyance accordingly. 4. The respondent no. 2-I. I. M. Kashipur feeling aggrieved by the aforesaid interim order preferred a SPA No. 217 of 2025, Indian Institute of Management, Kashipur Vs.
Tanish Jitendra Kochar, and the SPA was rendered infructuous and accordingly dismissed for the reason that the respondent no. 2-I. I. M. Kashipur has already complied with the interim order impugned in the SPA by permitting th him provisionally in the V Term Semester. 5. Now the fact of the matter is this that petitioner th has passed all the six semesters except IV Term Semester and the controversy now revolves around the fact that the petitioner in between received a college placement in Amazon India under the Disability Quota, but the final degree M. B. A. (Analytic) Programme 2024-26 is not being issued to the petitioner simply for the reason that the petitioner has not completed all the Terms Semester, six in 2026:UHC:3211 number. 6. Learned counsel for the petitioner argued that th once the petitioner has been promoted in V Term th th Semester and successfully completed/cleared V and VI Term Semesters, the respondent no. 2-I. I. M.
, Kashipur, should issue the final certificate/degree in favour of the th petitioner without insisting him to complete IV Term Semester which was left in the circumstances as stated hereinabove. 7. A short counter affidavit has been filed by the respondent no. 2-I. I. M. Kashipur, and in the counter affidavit the stand taken is that the petitioner could only be th issued final certificate/degree once he completed IV Term Semester. 8. It is also contended by learned counsel for the respondent no. 2-I. I. M. Kashipur, in their short counter th affidavit, that the petitioner can undergo IV Term Semester during the period 22. 06. 2026 and 20. 09. 2026 th and if the petitioner participates in the IV Term Semester, and if succeeded he will be issued the final certificate/degree. 9.
Having heard learned counsel for the parties and having perused the record as well as pleadings exchanged between the parties, this Court is of the considered view that the Court cannot found favour with the learned counsel for the petitioner that the petitioner should be considered qualified in M. B. A. (Analytic) Programme 2024-th 26 without appearing in and clearing the IV Term Semester. The stand of respondent no. 2-I. I. M. Kashipur appears to be quite plausible and convincing. If the petitioner really wants to get the final certificate/degree in 2026:UHC:3211 th his favour he definitely has to undergo the IV Term Semester Examination with success. Hence no interference is required by this Court at this stage. 10. Accordingly writ petition stands dismissed. (Pankaj Purohit, J. ) 28. 04. 2026 SK
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