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:
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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
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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
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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
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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.
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(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
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WP(C) NO. 261 OF 2025
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
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED
16.7.2025 IN WRIT PETITION NO. 18 OF
