Authority: High Court of Uttarakhand at Nainital

Order Date: 07 July 2026

Case Overview

  • Parties: Appellant Tanish Jitendra Kochhar vs. Union of India and Indian Institute of Management Kashipur (respondent no.2). Counsel for appellant: Ms. Swati Verma, Mr. Kirti Sharan Agarwal; counsel for Union of India: Ms. Suniti Bhatt; counsel for IIM Kashipur: Mr. Digvijay Nath Dubey (V.C) and Mr. Tanmay Tiwari representing respondent no.2.
  • Nature of proceedings: Special Appeal No.153 of 2026 against the order of the learned Single Judge dated 28‑04‑2026 in WPMS No.2372 of 2025, which dismissed the appellant’s writ petition.
  • Background: The appellant enrolled in the M.B.A. (Analytic) Programme 2024‑26 at IIM Kashipur under the Differently Abled Persons category, based on a disability certificate. The programme comprises six semesters over two years. He cleared the IIIrd Term Semester but was denied promotion to the IVth Term Semester of the Second Year because he secured 17 Deficit Credit Points (D.C.P.) instead of the required less than 15 D.C.P.
  • Interim relief: The appellant obtained an interim order on 11‑08‑2025 directing IIM Kashipur to provisionally allow him to attend classes of the Second Year. The institute complied by permitting provisional attendance in the Vth Term Semester.
  • Subsequent proceedings: IIM Kashipur filed SPA No.217 of 2025 (IIM Kashipur Vs. Tanish J. Kochhar), which was dismissed as the institute had already complied with the interim order.
  • Current dispute: The appellant has passed all semesters except the IVth Term Semester. He secured a placement with Amazon India under the disability quota, but the final degree is withheld because the IVth Term Semester remains incomplete.
  • Appellant’s submission: He argued that, given his disability and employment, he should be allowed to complete the IVth Term Semester through an online mode of study.
  • Institute’s position: Through an affidavit, the institute asserted that the programme’s structure—continuous interaction, class participation, assignments, quizzes, projects, presentations, mid‑term and end‑term examinations—makes online delivery impossible.
  • Fee payment evidence: The institute produced a fee receipt dated 22‑06‑2026 confirming the appellant’s payment for the IVth Term Semester.
  • Counsel’s clarification: The appellant’s counsel admitted admission was taken because 22‑06‑2026 was the last date for admission. She contended that the only difficulty for the appellant is his job; a certificate confirming admission to the IVth Term Semester (offline) would enable him to seek exemption from his employer.
  • Institute’s concession: Counsel Shri Digvijay Nath Dubey agreed to issue a certificate stating the appellant has taken admission to the IVth Term Semester, which will run for three months and conclude in September 2026. If the appellant passes the IVth Term Semester, the institute will issue the final pass certificate for the M.B.A. (Analytic) Programme.
  • Binding statement: The court recorded Shri Dubey’s statement as binding on the institute.

Final Outcome

  • The appeal does not survive; it is disposed of.
  • IIM Kashipur is directed to issue the admission certificate within two weeks from the date of the order.
  • Any pending applications, if any, are also disposed of.

Topics: Court Judgment, Higher Education, Disability Rights