VARDHAMAN COLLAGE OF ENGINEERING KACHARAM VILLAGE Vs. CONVENOR ICET-2006 ADMISSIONS CENTRAL FOR DISTANCE EDUCATION

JUDGEMENT

(1.) As common questions of fact and law arise for consideration in all these cases, they are heard together and are being disposed of by this common order.

(2.) Petitioners are colleges approved by All-India Council for Technical Education (AICTE) to impart education in Master of Business Administration and Master of Computer Application courses. The competent authority has fixed the intake capacity under the provisions of the All- India Council for Technical Education Act, 1987 ('the Act' for brevity) and consequently State of Andhra Pradesh has issued orders permitting the petitioners to run the said courses. Admissions to M.B.A. and M.C.A. courses are governed by the statutory Rules framed as per G.O. Ms. No.46 dated 5-7-2003, in exercise of powers under Sections 3 and 15 of the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983. For the academic year 2006-07, the Convenor ICET-2006 has conducted Integrated Common Entrance Test (ICET) for allotting candidates to various colleges, including petitioners. Pursuant thereto, the Convenor allotted 80% seats which are called 'A category seats' (Convenor quota) and 20% seats which are called 'B category seats' (Management quota) that were to be filled by the respective Managements. After admissions were made to fill up unfilled vacant seats in Convenor quota and also the seats, which have fallen vacant on account of cancellation, the Convenor ICET- 2006 addressed Letter No.ICET-2006/ ADMNS/CONVENOR/06, dated 20-9-2006, to the Principals of petitioner-colleges to issue notifications to fill up leftover vacant seats/cancelled seats at institution level. To fill up such vacancies, he has notified the schedule, as per which the last date for making admissions was 30-9-2006 and the last date for submitting lists was 7-10-2006.

(3.) In this batch of cases, there was a few days delay either in making admissions or in submitting lists of admitted candidates to the competent authority. It is the case of the petitioners that as they have not received the communication dated 20-9-2006 within time, as such delay has occurred.