Regular admissions to reverted quota seats were upheld, and the fee collected for regularisation was ordered refunded.

Admissions made by the petitioner institutions against seats remaining unfilled in the university quota for the academic year 2013-14 were treated as valid regular admissions, because the vacant seats had reverted to the institutions and the governing policy permitted such seats to be filled by management in a transparent, merit-based manner. The respondent-university was directed to approve those admissions. Since the admissions were found valid and approvable, there was no basis to retain the amount collected for regularisation, and the sum of Rs. 15,000 per student was ordered to be refunded to the students or the concerned college, as applicable.

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Issues: (i) Whether admissions made by the petitioner institutions to seats remaining unfilled in the university quota for the academic year 2013-14 were liable to be treated as regular admissions and approved. (ii) Whether the amount of Rs. 15,000 per student collected for regularisation of such admissions could be retained.

Issue (i): Whether admissions made by the petitioner institutions to seats remaining unfilled in the university quota for the academic year 2013-14 were liable to be treated as regular admissions and approved.

Analysis: The unfilled seats in the university quota had reverted to the institutions. The Government Order dated 23.05.2014 recognised that unfilled or surrendered seats could be filled by management in a transparent manner on merit, reflecting the policy that such seats should not remain idle. On that basis, the admissions made against the vacant seats were treated as consistent with the governing policy and not as irregular admissions.

Conclusion: The admissions were held to be valid regular admissions and the respondent-university was directed to approve them.

Issue (ii): Whether the amount of Rs. 15,000 per student collected for regularisation of such admissions could be retained.

Analysis: Once the admissions were held to be valid and approvable, there was no basis to levy any penalty or additional fee for regularisation of those admissions. The amount collected from the students, or paid on their behalf by the colleges, was therefore liable to be returned.

Conclusion: The respondents were directed to refund the amount of Rs. 15,000 collected from each student, with payment to be made to the students or to the concerned college as the case required.

Final Conclusion: The writ petitions succeeded to the extent that the disputed admissions were approved and the amount collected for regularisation was ordered to be refunded.

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