2026:UHC:1240 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 382 of 2026 24th February, 2026 Rohit Kundu --Petitioner Versus 1: Indian Institute of Management 2: Chairperson (Academics) IIM --Respondents ---------------------------------------------------------------------- Presence:- Mr. Rajendra Singh Negi with Ms. Nisha Dhami, Advocate for the petitioner. Mr. Digvijay Nath Dubey with Mr. Jagdish Singh Bisht, learned Counsel for the respondents. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. Compliance affidavit filed by the respondent- IIM Kashipur today in the Court is taken on record. 2. This writ petition has been filed by the petitioner seeking a writ of certiorari quashing the order dated 02.02.2026 passed by respondent-IIM, Kashipur under the hands of its Dean of Academics whereby the petitioner has been terminated from pursuing Master in Business Administration (MBA) Two Years’ Course on the ground of his accumulation of 35 Deficit Credit Points (DCPs). 3. Learned counsel for the petitioner submits that petitioner was pursuing two years’ MBA course with respondent institution after borrowing Educational Loan from SBI Branch IIM Kashipur. Since the father of petitioner expired while he was in 4th term of Second Year of aforesaid MBA Course, he went in shock and depression which resulted into his dismal performance. 1 2026:UHC:1240 4. This Court vide order dated 20.02.2026 asked learned counsel for the respondent –IIM to consider the case of petitioner sympathetically on the ground that he has taken education loan and further during the course, he also lost his father which resulted into mental trauma and deprivation to the petitioner. 5. This Court appreciates the efforts made by the respondents’ counsel whereby the respondent has decided to withdraw the termination of the petitioner impugned in present writ petition. The respondent, though on certain conditions to be fulfilled by the petitioner have withdrawn the termination. The conditions, quoted hereinbelow, appear to be reasonable except Condition (e): - “3a. He will submit a medical fitness certificate issued by a qualified specialist (Psychiatric) from a Government Hospital certifying that he is fit to pursue the programme. b. He will submit documentation of ongoing medical treatment, including current prescriptions and medication details. c. He will submit a written undertaking affirming adherence to all institutional rules, discipline, and protocols. d. He will submit a written undertaking from his guardian(s) confirming their responsibility to counsel and monitor the participant during the Program tenure. e. He will pay the fees for 4th, 5th and 6th Terms of the MBA Program as applicable for Academic Year 2026-2027.” 2 2026:UHC:1240 6. It is informed by learned counsel for the respondents that 5th and 6th terms of petitioner are yet to come. Therefore, there is nothing wrong in asking for fees for 5th and 6th term. But so far as 4th term is concerned, petitioner has already deposited a sum of Rs.2.84 lakh. 7. Accordingly, the proposal submitted by respondent body is accepted except Condition (e) which is slightly modified by this Court that petitioner shall pay only hostel expenses for the 4th term of MBA Programme applicable for academic session 2026-2027. The fees for 5th and 6th semester will be paid as and when it fall due. 8. The writ petition is disposed of in view of the proposal submitted by the respondent-IIM with a slight modification as above. 9. No order as to costs. (Hon'ble Pankaj Purohit, J.) 24th February, 2026 Rdang 3