Kerala High Court
Nehru College Of Engineering And ... vs Apj Abdul Kalam Technological ... on 5 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:58438
WP(C) NO. 261 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 5TH DAY OF AUGUST 2025 / 14TH SRAVANA, 1947
WP(C) NO. 261 OF 2025
PETITIONER:
NEHRU College OF ENGINEERING AND RESEARCH
CENTRE(AUTONOMOUS)
REP BY ITS PRINCIPAL , NILAGARDENS ,PAMPADY,
THIRUVILWAMALA,THRISSUR, PIN - 680588
BY ADVS.
SRI.S.KRISHNAMOORTHY
SMT.SNEHA ROSE
SMT.P.S.ARUNA
RESPONDENTS:
1 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY
REP BY ITS REGISTRAR, CET CAMPUS,
THIRUVANANTHAPURAM, PIN - 690096
2 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
(CEE)
5TH FLOOR KSHB BUILDING, SS KOVIL RD, SANTHI
NAGAR, THIRUVANANTHAPURAM, KERALA, PIN - 695001
BY ADVS SRI.K.R.GANESH, SC, APJ ABDUL KALAM
TECHNOLOGICAL UNIVERSITY
SMT.ANIMA.M - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEN FINALLY HEARD ON
05.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:58438
WP(C) NO. 261 OF 2025
2
N. NAGARESH, J.
----------------------
W.P.(C) No.261 of 2025
------------------------------
Dated this the 5th day of August, 2025
JUDGMENT
Petitioner-College is a self-financing College with Autonomous status approved by the University Grants Commission as well as the All India Council for Technical Education. The institution was started in the year 2002, is having high reputation and having NAAC accreditation also. The College is imparting various Courses in B.Tech and M.Tech. The total intake capacity for B.Tech in Computer Science and Engineering is 120.
2. In addition to the approved intake, the institution can admit students 5% in Tuition Fee Waiver Quota and 10% against the Economically Weaker Section Quota. Hence, the total sanctioned intake would be 132 in Computer Science and Engineering for the Academic Year 2024-'25. Now only 2025:KER:58438 WP(C) NO. 261 OF 2025 3 129 students are admitted and there is no excess admission. Similarly, in B.Tech Computer Science and Engineering (AI & ML), 60 seats is the approved intake and adding 10% Economically Weaker Section quota and 5% Tuition Fee Waiver Quota, the institution can admit 69 students and only 64 students are admitted.
3. The 1st respondent-University, however, raised an objection that the petitioner-institution had admitted 3 students in excess and the admission of those students is in excess of the approved intake and their registration shall be cancelled. As a matter of fact, no excess students have been admitted. The excess students will not be allowed to sit for the First Semester Examination commencing from 31st December, 2024 and the KTU ID Registration granted to them will be cancelled, is the stand taken by the 1 st respondent. So far, no written intimation has been received by the institution. The petitioner-College submits that the stand of the University that the additional students admitted in excess will not be permitted to continue the course is unjust as the institution 2025:KER:58438 WP(C) NO. 261 OF 2025 4 had only admitted students within the Seat Matrix fixed by the Entrance Commissioner. Hence, the petitioner has approached this Court.
4. When this writ petition came up for admission, this Court passed an order dated 06.01.2025 directing the 1 st respondent to permit the students mentioned in Ext.P1 to continue to attend the examination in the respective Courses, provisionally. The counsel for the petitioner submits that in an identical matter (W.P.(C) No.16 of 2025 and connected cases), this Court has passed orders directing to regularise such admissions. The petitioner may also be granted similar relief.
5. Standing Counsel entered appearance for the 1 st respondent-University and resisted the writ petition. The Standing Counsel submitted that as per Clause 5.5.9 of the CEE Prospectus, only the Commissioner for Entrance Examinations has the authority to convert unfilled EWS seats to State Merit seats. The College has also admitted that under Clause 5.5.9, seats unavailed by EWS category candidates 2025:KER:58438 WP(C) NO. 261 OF 2025 5 should be allotted under State Merit. The petitioner-College does not have the authority to independently admit students under the EWS or TFW categories.
6. Heard.
7. The fact remains that though the petitioner gave admission to three students in B.Tech Course under the Management Quota in excess of the seats allotted, there was shortfall in admission of students in the Merit Quota. The petitioner admitted students without obtaining prior permission from the Entrance Commissioner.
8. I find that in similar circumstances, in W.P.(C) No.16 of 2025 and connected cases (Ext.P5), this Court has held as follows:
This Court would not condone the mistake of the petitioner Institutions taking admission over the sanctioned strength. However, considering the fact that in the past the University had condoned such mistakes by imposing costs on the Institutions, and also taking into consideration the interest of the students, who have deposited the fees and have cleared two semesters, it would be appropriate to issue the following directions:
(i) The University shall register the excess students, subject to costs of Rs 2 lakhs by each of the petitioner institutions to be deposited in the University.
2025:KER:58438 WP(C) NO. 261 OF 2025 6
(ii) In the next Academic Session, the University/AICTE may reduce the management quota to the extent of excess admissions taken by the petitioner institutions in the Academic Session 2024-25 to 2026-
27.
(iii) The cost imposed on each of the institutions is to be deposited within ten days from today. In view of the facts of the case, this writ petition also can be disposed of on similar lines.
8. The University is therefore directed to register the three excess students subject to payment of cost of Rs.1,00,000/- by the petitioner-College to be deposited in the University. In the next Academic Session, the University/AICTE may reduce the Management Quota to the extent of excess admissions taken by the petitioner-College in the Academic Session 2024-'25 to 2026-'27. The cost imposed shall be deposited within ten days from today.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH JUDGE Mn 2025:KER:58438 WP(C) NO. 261 OF 2025 7 APPENDIX OF WP(C) 261/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LIST OF STUDENTS ADMITTED ALONG WITH REGISTRATION ID, ADDITIONALLY ADMITTED Exhibit P2 TRUE COPY OF THE SEAT MATRIX PUBLISHED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE LETTER NO.
NCERC/KTU/ADMISSION 2024 ISSUED BY THE PETITIONER INSTITUTION TO THE 1ST RESPONDENT DATED 13.12.24 Exhibit P4 TRUE COPY OF THE ORDER DATED 10.4.2025 IN WRIT PETITION NO. 16/2025 Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 16.7.2025 IN WRIT PETITION NO. 18 OF 2025