Kerala High Court
Adi Shankara Institute Of Engineering ... vs Apj Abdul Kalam Technological ... on 16 July, 2025
Author: D. K. Singh
Bench: D. K. Singh
WP(C) Nos.16/2025, 18/2025, 46845/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947
WP(C) NO. 16 OF 2025
PETITIONER/S:
ADI SHANKARA INSTITUTE OF ENGINEERING AND TECHNOLOGY
REP BY ITS PRINCIPAL, VIDHYA BHARATHI NAGAR, MATTOOR, KALADY, PIN - 683574
BY ADVS.
SHRI.SAJIKUMAR.K.K.
SHRI.SIDHARTH P.S.
SRI.RADHAKRISHNA PILLAI B
RESPONDENT/S:
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
3 ADMISSION SUPERVISORY COMMITTEE
REP BY ITS CHAIRMAN T.C. 15/1553-4, PRASANTHI BUILDINGS, M.P. APPAN ROAD.
VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014
K.R.GANESH-SC, V. VENUGOPAL-GP, MARY BENCHAMIN-SC
THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 16.07.2025, ALONG WITH
WP(C).18/2025, 46845/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.16/2025, 18/2025, 46845/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947
WP(C) NO. 18 OF 2025
PETITIONER/S:
UKF COLLEGE OF ENGINEERING AND TECHNOLOGY
REP BY ITS PRINCIPAL, PARIPPALLY, PATHANAPURAM, KERALA, PIN - 691302
BY ADVS.
SRI.S.KRISHNAMOORTHY
SMT.SNEHA ROSE
SMT.P.S.ARUNA
RESPONDENT/S:
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
3 ADMISSION SUPERVISORY COMMITTEE
T.C. 15/1553-4, PRASANTHI BUILDINGS, M.P. APPAN ROAD. VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
K.R.GANESH-SC, V. VENUGOPAL-GP, MARY BENCHAMIN-SC
THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 16.07.2025, ALONG WITH
WP(C).16/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.16/2025, 18/2025, 46845/2024
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2025:KER:52459
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947
WP(C) NO. 46845 OF 2024
PETITIONER/S:
ST THOMAS COLLEGE OF ENGINEERING AND TECHNOLOGY, REP BY ITS PRINCIPAL
SHIVAPURAM, MATTANNUR, KANNUR, PIN - 670702
BY ADVS. SRI.S.KRISHNAMOORTHY
SMT.SNEHA ROSE; SMT.P.S.ARUNA
RESPONDENT/S:
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
3 ADMISSION SUPERVISORY COMMITTEE
T.C. 15/1553-4, PRASANTHI BUILDINGS, M.P. APPAN ROAD. VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
BY ADVS. SHRI.ADARSH KURIAN
SHRI.JAYANANDAN MADAYI PUTHIYAVEETTIL
SHRI.K.V.PAVITHRAN; SRI.ABHILASH MATHOOR
K.R.GANESH-SC, V. VENUGOPAL-GP, MARY BENCHAMIN-SC
THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 16.07.2025, ALONG WITH
WP(C).16/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.16/2025, 18/2025, 46845/2024
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JUDGMENT
[WP(C) Nos.16/2025, 18/2025, 46845/2024]
The circumstances surrounding the controversy and the
arguments on the facts are substantially similar in all three writ
petitions. The learned counsels have treated W.P.(C) No.16/2025 as the
lead case for referring to the circumstances and stated that the writ
petitions could be disposed of by a common judgment.
2. The petitioner Institution is a self-financing college
imparting education for 9 B. Tech Courses which include Computer
Science and Engineering (CSE), Computer Science (Artificial
Intelligence) (CSAI) and Electronics and Communication Engineering
(ECE). The college has an approved intake of 180 seats for Computer
Science and Engineering, 60 seats in Computer Science (Artificial
Intelligence) and 90 seats in Electronics and Communication
Engineering. In addition to the sanctioned intake, students can be
admitted to 5% of the sanctioned intake against the Tuition Fee Waiver
(TFW) quota and 10% to the Economically Weaker Section (EWS)
WP(C) Nos.16/2025, 18/2025, 46845/2024
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students.
3. After the third list of allotments for the Academic Year 2024-
25, vacancies remained to be filled in the Tuition Fee Waiver quota as
well as the Economically Weaker Section quota. As per clause 5.5.9 of
the KEAM prospectus, the seats available in the EWS category could be
allotted under the State merit. The admissions, therefore, were carried
out against those unfilled vacancies by the Management. The institution
could give admission of 5% in the Tuition Fee Waiver quota and 10% in
the Economically Weaker Section quota. The petitioner Institution could
admit 27 students in addition to Computer Science and Engineering, 9
students in Computer Science (Artificial Intelligence) and 14 students in
Electronics and Communication Engineering. In Computer Science and
Engineering, only 203 students were admitted, 70 students were
admitted in Computer Science (Artificial Intelligence), and 106 students
were admitted in Electronics and Communication Engineering. The total
intake of the students for the Academic Year 2024-25 was 660, and the
institution has not crossed the limit of 660 students, altogether in all
WP(C) Nos.16/2025, 18/2025, 46845/2024
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branches.
4. According to the University, which is evident from the notice
in Ext.P1 dated 07.12.2024, the petitioner Institution has admitted over
the sanctioned intake, 16 students more. The petitioner was directed to
submit an explanation for violating the provisions of APJAKTU Act 2015
and its First Statute 2020, the Approval Process Handbook and AICTE, the
Affiliation Manual of the University and the guidelines issued by the
University to all affiliated colleges.
5. The petitioner College submitted its reply stating that even if
it is accepted that the institution has admitted 16 students over its
sanctioned strength of 660 students, only 2.42% is the excess admission.
It was further submitted that the excess intake was neither intentional
nor deliberate, but was because, in the past many years, the petitioner
College had taken some students in extra to compensate for the dropouts
during the merit allotment. In one of the earlier years, the number of
students exceeded the sanctioned strength. In this year alone, for the
first time, even after the merit allotment, there happened to be a slight
WP(C) Nos.16/2025, 18/2025, 46845/2024
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excess of students in various disciplines. It was also said that in future,
the petitioner institution would be doubly careful to see that the
strength does not exceed the sanctioned limits, and they would comply
with conditions that would be prescribed by the University. Since the
lapses are not intentional, a request was made to approve 16 students
admitted to various courses. A chart was supplied along with the
explanation, giving the names and the course in which the 16 students
were admitted over the sanctioned intake.
6. The Registrar vide e-mail dated 30.12.2024 informed the
petitioner that the petitioner had violated not only the University
directive but also clause 7.4.g of the Approval Process Handbook issued
by the AICTE for the academic years 2024-25 to 2026-27, which prohibits
excess admission over the approved intake in any circumstances. The
action is also violative of the guidelines issued by the AICTE, the
Commissioner of Entrance Examination and the Government of Kerala.
Therefore, the excess admission granted to the students would not be
registered by the University. The petitioner has challenged the said
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notice and order.
7. Vide Interim Order dated 03.01.2025, this Court permitted the
students admitted in excess of the sanctioned strength to appear for the
examination, subject to the condition that such appearance would not
enable or entitle them to make any claim upon the merits of the matter
on account of their appearance in the examination and their appearance
would be subject to the final outcome of the writ petition. This Court
vide another interim order dated 10.04.2025 directed the University to
register the students at the College for the two semesters, which would
be provisional and subject to further orders of the Court. On 20.06.2025,
this Court passed the following orders:
"The learned counsel appearing for the 1st respondent, the University,
shall seek instructions that whether the admission granted by the
petitioner institutions in excess of the management quota can be
regularized by reducing proportionately in the next academic session.
The learned counsel for the University will also point out that whether
such a decision has been taken in the past or not. If such a precedent
exists, the University will take the decision to protect the interests of the
students who are not at fault."
WP(C) Nos.16/2025, 18/2025, 46845/2024
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8. Ms Ahsana learned Counsel appearing for the University
submits that in the past, on one occasion, such admissions were
regularised by the Syndicate of the University and that should not be
treated as a precedent and were also subject to cost of Rs 1 lakh.
9. I have considered the submissions advanced on behalf of the
parties and perused the records.
10. 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.
(ii) In the next Academic Session, the University/AICTE may reduce
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the management quota to the extent of excess admissions taken by the
petitioner institutions in the Academic Session 2024-15 to 2026-27.
(iii) The cost imposed on each of the institutions is to be deposited
within ten days from today.
With the above directions, the writ petitions stand disposed of. All
Interlocutory Applications as regards interim matters stand closed.
Sd/-
D K SINGH
JUDGE
jjj
WP(C) Nos.16/2025, 18/2025, 46845/2024
2025:KER:52459
APPENDIX OF WP(C) 18/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LIST OF STUDENTS ADMITTED ALONG WITH
REGISTRATION ID, ADDITIONALLY ADMITTED
Exhibit P2 TRUE COPY OF THE FEE RECEIPT OF ONE STUDENT NAMELY MR.
AKSHAY S
Exhibit P3 TRUE COPY OF EMAIL COMMUNICATION DATED 10.12.2024 ISSUED BY
THE 1ST RESPONDENT TO THE PETITIONER INSTITUTION
Exhibit P4 TRUE COPY OF THE LETTER NO. UKF/KTU/55-0/578 DATED 11.12.2024
GIVEN BY THE PETITIONER INSTITUTION TO THE 1ST RESPONDENT
Exhibit P5 TRUE COPY OF THE REJECTION LETTER/EMAIL ISSUED BY THE 1ST
RESPONDENT DATED 30.12.24
Exhibit P6 TRUE COPY OF THE RELEVANT PORTION OF THE APPROVAL PROCESS
HAND BOOK 2024-25 ISSUED BY AICTE
RESPONDENT EXHIBITS
Exhibit R2(a) Split of details of the number of seats sanctioned and the candidates
allotted to different category
WP(C) Nos.16/2025, 18/2025, 46845/2024
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APPENDIX OF WP(C) 46845/2024
PETITIONER EXHIBITS
Exhibit P1 RELEVANT PORTIONS OF THE KEAM PROSPECTUS 2024
Exhibit P2 TRUE COPY OF THE NOTICE NO. KTU/ASST14(ACADEMIC)/4885/2024
DATED 07.12.2024 ISSUED BY THE 1ST RESPONDENT ALONG WITH
ANNEXURE II
Exhibit P3 TRUE COPY OF THE SEAT MATRIX PUBLISHED BY THE 2ND
RESPONDENT
Exhibit P4 TRUE COPY OF THE GO 1162/2024/HEDN DATED 10-09-2024
Exhibit P5 TRUE COPY OF THE GO (MS) NO 485/2024/HEDN DATED 01-08-2024
Exhibit P6 TRUE COPY OF THE 3RD ALLOTMENT MEMO DATED 6.9.2024
PUBLISHED BY THE 2ND RESPONDENT
Exhibit P7 TRUE COPY OF THE EMAIL COMMUNICATION DATED 24.10.2024 ISSUED
BY THE PETITIONER TO THE 1ST RESPONDENT
Exhibit P8 TRUE COPY OF THE LETTER NO STM/ADMISSION/2/KTU/2024-25
DATED 10.12.2024 PREFERRED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT
Exhibit P9 TRUE COPY OF THE REJECTION LETTER DATED 30.12.2024 ISSUED
THROUGH EMAIL
Exhibit P10 TRUE COPY OF THE RELEVANT PORTION OF THE APPROVAL PROCESS
HAND BOOK ISSUED BY AICTE 2024-25
Exhibit P11 TRUE COPY OF THE E-MAIL DATED 3.1.2025 ISSUED BY THE 1ST
RESPONDENT UNIVERSITY
RESPONDENT EXHIBITS
Exhibit R2(a) The split of details of the number of seats sanctioned, and the
candidates allotted to different category.
WP(C) Nos.16/2025, 18/2025, 46845/2024
2025:KER:52459
APPENDIX OF WP(C) 16/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE NO. KTU/ASST14(ACADEMIC)/4885/2024
DATED 07.12.2024 ISSUED BY THE 1ST RESPONDENT
Exhibit P2 TRUE COPY OF THE LETTER DATED 12-12-2024 GIVEN BY THE
PETITIONER BEFORE THE 1ST RESPONDENT
Exhibit P2(a) TRUE COPY OF LIST OF STUDENTS ADMITTED ALLEGED TO BE EXCESS
Exhibit P3 TRUE COPY OF THE EMAIL LETTER DATED 30.12.24 ISSUED BY THE 1ST
RESPONDENT
Exhibit P4 TRUE COPY OF THE RELEVANT PORTION OF THE APPROVAL PROCESS
HAND BOOK 2024-25 ISSUED BY AICTE
Exhibit P5 TRUE COPY OF THE E-MAIL DATED 3.1.2025 ISSUED BY THE 1ST
RESPONDENT UNIVERSITY
RESPONDENT EXHIBITS
Exhibit R2(a) Split of details of the number of seats sanctiond and the candidates
allotted to different category
PETITIONER EXHIBITS
Exhibit P6 True copy of the notification dated 29/7/2024 issued by the office of
the Commissioner of Entrance Examinations
Exhibit P7 True copy of the notification dated 24.8.2024 issued by the
Commissioner of Entrance Examinations
