P.R. Ramachandra Menon, J.

'Can the lapsed seats for Engineering Course in the Merit Quota' be filled up by the Educational Institution, by admitting students who are not qualified in the Entrance Test conducted by the Commissioner for Entrance Examinations is the moot question. Ext.P3 order passed by the second respondent/Admission Supervisory Committee (ASC in short) approving some of the admissions made by the petitioner Institution to the first year B.Tech course 2016-17 while disqualifying 46 students admitted under the "lapsed seats" in various Engineering Branches, in turn rejecting their candidature and directing the third respondent/Technological University not to register the rejected candidates, is under challenge at the instance of the Educational Institution. Ext.P6 order passed by the third respondent/University giving effect to Ext.P3, also directing the petitioner Institution to ensure that the disqualified candidates are not permitted to write the forthcoming S1-B.TEch examination is also under challenge.

2. The petitioner is running an Engineering College at Adoor and is a member of the Kerala Self Financing Engineering College Management Association (KSFECMA). In respect of the previous year 2015-16, the Association, representing the member Institutions including the petitioner, had entered into an Agreement with the Government, as borne by Ext.P1 for seat sharing. It was stated that the said agreement was to have a validity for three years, till 2017-18 and that 50% of the seats were to be filled up on merit by the Commissioner for Entrance Examinations from the list prepared by him and the remaining 50% was to be filled up by the Management from the students who had cleared the Entrance Examination. But the said Agreement came to be replaced for the year 2016-17 as per Ext.P1 (a) Agreement dated 28.06.2016 executed between the Management Association and the Government. The petitioner, being a member of the Association, is placed at Sl.No.49 in Ext.P1(a). Prior to Ext.P1(a) Agreement, a Government Order had been passed which provided for doing away with the practice of admitting students by the Management from the pre-normalised list. Validity of the said G.O, was subjected to challenge by the Association of Self Financing Colleges in W.P.(C) 23829 of 2016, wherein interference was declined and the writ petition was dismissed as per judgment reported in 2016(5) KHC 139 (DB) (Kerala Self Financing Engineering College Managements' Association (KSFECMA) vs. State of Kerala and Another).

3. Coming to the factual data, altogether 300 seats are available in the petitioner's Institution for the first semester B.TEch under 'five' different disciplines. Among the total 300 seats, pursuant to Ext.P1(a) agreement, 150 seats were to be filled up by the Commissioner for Entrance Examinations and the remaining 150 were seats were set apart to the Management which included 15% NRI Quota as well. As a matter of fact, the Commissioner for Entrance Examinations forwarded names of only 69' candidates, thus leaving out 81' seats under the 'Merit Quota' to remain vacant. In the said circumstance, the petitioner Institution gave admission to 46 students who were having the basic qualification as stipulated by the AICTE to make them eligible to apply and to obtain admission (possessing 45% marks in the 'Plus Two level') and having the subject requirements as specified. According to the petitioner, out of the total 300 seats, only 225 seats could be filled up and the remaining 75 seats were remaining unfilled. The last date stipulated for admissions was on 15.08.2016. But since the petitioner Institution had not submitted the particulars of the students admitted before the ASC, a letter dated 22.08.2016 was issued by the ASC. On receipt of the said letter, particulars of the candidates admitted were made available as per Ext.P2 dated 07.09.2016. After considering the materials, the Admission Supervisory Committee issued Ext