IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL), J.
Harish – Appellant
Versus
Union of India and Others – Respondent
WPA No. 24155 of 2025, WPA No. 940 of 2026, CAN No. 1 of 2025
Decided On : 18-02-2026
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The petitioner’s case in WPA 24155 of 2025 is that he is a person with disability (schizophrenia) and presently a student of Indian Institute of Management Calcutta has filed the present writ application on account of the fact that the Cumulative Grade Point Average of the petitioner has been arbitrarily and in violation of Rule 14(h)(i) and Rule 14(h)(iii)(d) of the Rules and Guidelines for MBA Programme of IIMC published in June 2024 been reduced from 4.2 to 3.7 throughout his first year of college covering all his IV terms, leading to a precarious state of affairs, where now the college authorities are refusing his well- earned promotion to the next year and have also directed him to repeat the first year in complete disregard of the medical condition of the petitioner and completely ignoring the various representation made by the petitioner on each appropriate occasion informing the concerned authorities about his hospitalization owing to which he most inadvertently and in compelling circumstances was unable to attend classes and exams. The petitioner who has secured a Cumulative Grade Point Average well above the required CGPA will have to unjustly repeat the first year, which will have detrimental consequences for his academic life and job prospects.
2. As an interim measure, the petitioner by an order dated 14.10.2025 was “permitted to attend the next session, term V, which is commencing from 21st October, 2025.”
3. It was made clear in the said order that:-
“6. Upon hearing the petitioner and perusing the materials on record, the petitioner is permitted to attend the next session Term-V which is commencing from 21th October, 2025.
7. It is made clear that the participation of the petitioner in the said session shall abide by the final result of the writ petition.”
4. The petitioner’s case in WPA 940 of 2026 is that the petitioner who was initially allowed to take part in the placement process has now been debarred from the same and his profile has been blocked, practically placing an absolute embargo upon him from sitting for any further placement, him having all the required credentials and fulfilling all the required formalities.
5. It is stated that the petitioner’s unadjusted grade point (CGPA) is 4.58, 4.41 and 4.34, in terms I, II & III respectively, which works out to be 4.44, when the required grade admittedly is 4.50.
6. The adjusted CGPA is far lesser that required.
7. The petitioner in his e-mail dated 11th June, 2025 has stated as follows:-
“During my first year due to various health issues and my mental disability I couldn't do well in my first year, due to which I had missed exams and classes which lead to grade drops in almost every course in my first year.
After grade drops, my final cgpa was 3.66 but if we consider the grade drops reversal it should be meeting the criteria for promotion to second year.
During Term-1 mid terms, I was hospitalized for a week during midterm week due to serious health concerns, which lead to grade drops in all courses.
During Term 2- Term3, I wasn't able to meet attendance criteria leading to shortage in attendance, which again lead to grade drops.
I am very sorry, that I am reaching you very late, but I had a mental breakdown once I heard about the committee decision, I couldn't think or contact anyone of you.
I have attached all the medical slips and documents from concerned authorities like institute doctors and external doctors to whom I was referred to and my pwd certificate and mental health analysis supporting the reasons behind my absence, etc.
If all grades are considered with actual grades without the grade drops, I am fully eligible to be promoted to second year.
And also in first year, due to my adjustment issues I really couldn't make any friends or groups which lead to further disconnected from the course and classes.
But for second year, I had planned and took all courses with people/friends with whom I am comfortable and who can support, s
Point of Law - Approach of sympathy is not the rule of law, yet the law has to be benevolent to sub-serve the interests of justice, wherever the facts and circumstances so justify and demand. This is....
The adherence to minimum attendance requirements is essential in university regulations, and non-compliance undermines eligibility to sit for examinations.
Minimum attendance of 75% is mandatory for examination eligibility; Article 14 does not apply to perpetuate illegality.
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