MALNAD COLLEGE OF ENGINEERING Vs. STATE OF KARNATAKARESENTED

JUDGEMENT

(1.) IN this writ petition the Petitioner - College has challenged the order passed by the 2nd respondent dated 06. 08. 1998 (Annexure 'a') whereby the 2nd respondent has permitted the excess students admitted by the Petitioner to the B. E. Course for the academic year 1995-1996 to appear in the 6th Semester Examination subject to payment of penalty of Rs. 10 lakhs and on certain other conditions.

(2.) THE brief facts of the case may be stated as follows:

(3.) PETITIONER is an Engineering College, affiliated to the 2n Respondent - University during the relevant period. It is contended by the Petitioner that for the academic year 1995-96 it had admitted 5% of its Management quota by 16. 10. 1995 out of total number of 570 seats. Out of the remaining 542 seats, the Government could fill up only 471 seats by 16. 10. 1995 leaving a balance of 71 seats unfilled on that date. The College filled up 49 seats of the balance of 71 seats, which had remained unfilled. The GET Cell sent 71 students after 26. 10. 1995. Thus, the college had to admit 619 students even though 570 seats were available resulting in 49 excess admissions. However, 16 students did not join the Course and the excess seats came down to 33 seats. The Petitioner - College sought regularisation of excess admission made by it. The State government by its Communication dated 12. 03. 1996 rejected the request of the College.