A.P Private Engineering College Management Association v. Govt. Of A.P ., Supreme Court Of India, Judgment, Law, casemine.com

Factual and Procedural Background

The Association of Private Engineering Colleges in Andhra Pradesh filed a writ petition seeking directions concerning admission of students under a 5% NRI/foreign quota in private engineering colleges. The petition arose against the backdrop of earlier Supreme Court directions in Unnikrishnan v. State of Andhra Pradesh (1993 1 SCC 645) and subsequent modification orders dated 14-5-1993 (1993 4 SCC 111) and 9-8-1996, which allowed private colleges to admit up to 5% NRI students and to fill any unutilised seats with non-NRI candidates. Pursuant to those judicial directions, the State Government issued G.O. Ms. No. 428 dated 24-12-1997 permitting colleges to implement the 5% quota, subject to criteria of merit, qualification, and a fee structure fixed by the Government. The present petition sought continuation of those permissions until the pending main matters concerning the Unnikrishnan scheme are finally decided.

Legal Issues Presented

Whether private engineering colleges in Andhra Pradesh are entitled to continue operating a 5% NRI/foreign student quota for admissions.

Whether, in the event that the NRI quota seats remain vacant, the management of private engineering colleges may admit non-NRI students to those seats at its discretion, subject to governmental criteria.

Whether such directions should remain operative for the current and future academic years until the Supreme Court resolves the pending challenges to the Unnikrishnan scheme.

Arguments of the Parties

Petitioner (Association of Private Engineering Colleges)

Sought a writ directing the State to grant and continue a 5% NRI/foreign quota in private engineering colleges.

Requested liberty to admit non-NRI students against any unfilled NRI quota seats, pending final review of Unnikrishnan.

Respondent (State of Andhra Pradesh)

Filed a counter-affidavit outlining that the Supreme Court’s orders dated 14-5-1993 and 9-8-1996 already permitted a 5% NRI quota and substitution by non-NRI students when seats were vacant.

Highlighted that Government Order Ms. No. 428 (24-12-1997) implemented those directions, subject to merit, qualification criteria, and a fee structure set by a committee.

Submitted that all directives remained subject to the final outcome of the pending main cases.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Unnikrishnan v. State of A.P. (1993 1 SCC 645)	Original scheme regulating admissions and fee structure in private professional colleges.	Formed the foundational basis for the NRI quota; current directions issued pending review of that judgment.
Order dated 14-5-1993 (Unnikrishnan modification, 1993 4 SCC 111)	Clarified that management may admit up to 5% NRI students with a special fee structure.	Relied upon to affirm the existence and extent of the 5% NRI quota.
Order dated 9-8-1996 (in the same matter)	Permitted substitution of non-NRI students when NRI seats remain vacant.	Used to justify granting colleges discretion to fill vacant NRI seats with eligible non-NRI candidates.

Precedent

Rule or Principle Cited For

Application by the Court

Unnikrishnan v. State of A.P. (1993 1 SCC 645)

Original scheme regulating admissions and fee structure in private professional colleges.

Formed the foundational basis for the NRI quota; current directions issued pending review of that judgment.

Order dated 14-5-1993 (Unnikrishnan modification, 1993 4 SCC 111)

Clarified that management may admit up to 5% NRI students with a special fee structure.

Relied upon to affirm the existence and extent of the 5% NRI quota.

Order dated 9-8-1996 (in the same matter)

Permitted substitution of non-NRI students when NRI seats remain vacant.

Used to justify granting colleges discretion to fill vacant NRI seats with eligible non-NRI candidates.

Court's Reasoning and Analysis

The Court observed that it had consistently, on a yearly basis, allowed private engineering colleges to utilise a 5% NRI quota, with the flexibility to fill any unoccupied seats with non-NRI students, subject to merit, qualification, and fee criteria prescribed by the Government. Recognising that both the earlier judicial directions and the State’s G.O. Ms. No. 428 (24-12-1997) already embodied this arrangement, the Court deemed it appropriate to continue the arrangement until the main matters challenging the Unnikrishnan scheme are finally adjudicated. Therefore, the Court reiterated and extended its previous directions, ensuring continuity and certainty for upcoming academic years.

Holding and Implications

Holding: The writ petition is allowed. The State of Andhra Pradesh must permit private engineering colleges to:

Fill up to 5% of their intake with NRI students, and

At their discretion, admit non-NRI students against any unfilled NRI seats,

subject to the Government-prescribed criteria of merit, qualification, and fee structure for the current and successive academic years until the Supreme Court decides the pending main cases. No order as to costs.

Implications: The decision maintains the status quo on NRI admissions, providing administrative clarity to private engineering colleges and applicants for upcoming academic cycles. It does not establish a new legal precedent beyond affirming and continuing earlier interim directions; its effect is provisional, contingent on the final resolution of the broader challenges to the Unnikrishnan regime.

A.P Private Engineering College Management Association v. Govt. Of A.P .

Order

1. In this writ petition filed by the Association of Private Engineering Colleges in Andhra Pradesh, the following prayers have been made:

“(a) direct grant of NRI/foreign quota for private engineering colleges in the State of A.P at 5% with the liberty to admit others within this quota in case NRI/foreign students are not available and the seats are vacant, until the judgment of this Hon'ble Court in Unnikrishnan case (1993) 1 SCC 645 is reviewed;

(b) issue a writ of mandamus to the respondent as in prayer (a); and

(c) pass such further or other order or orders as this Hon'ble Court may deem fit on the facts and circumstances of the case.”

2. Upon notice being issued, counter has been filed by Shri A.K Goyal, Secretary to Government, Education Department, Secretariat, Hyderabad. In the counter-affidavit, it is stated that the orders made in Unnikrishnan case (1993) 1 SCC 645 were modified by this Court on 14-5-1993 (1993) 4 SCC 111 when it was clarified that it shall be open to the management of the private colleges to admit the NRI students to the extent of 5% of the total intake on a fee structure for the NRIs to be fixed by a committee. Subsequently, on 9-8-1996, another order came to be made by this Court, which confirmed the directions earlier issued on 14-5-1993 and also provided that in the event the seats reserved for NRI candidates in 5% quota are not filled up, the non-NRI candidates could be admitted against that quota. The State Government, subsequently, issued orders vide GOMs No. 428 dated 24-12-1997, permitting the management to fill up 5% seats under the NRI quota and also to take non-NRI students in case that quota was not filled up by the NRI students. These directions were, however, made subject to the final orders to be made by this Court in the pending cases.

3. Directions have been issued by this Court on year-to-year basis regarding the 5% seats of NRI quota. The Government has also provided the criteria for admission of the non-NRIs against the unfilled 5% seats of the NRIs and the fee structure regarding these seats.

4. After hearing learned counsel for the parties, we direct that the State of Andhra Pradesh shall allow the 5% NRI quota in the private engineering colleges in the State of Andhra Pradesh to be filled up in the manner earlier directed by this Court and to permit the management of the private engineering colleges to fill up the unfilled NRI quota, at its own discretion, subject, however, to the criteria of merit, qualification and fee structure — as prescribed by the Government not only for the current academic year but also for successive academic years, till the main matter is decided by this Court in the pending cases.

5. The writ petition is allowed in the above terms. No costs.

Writ Petition (C) No. 163 of 1998, decided on August 28, 1998

A.P Private Engineering College Management Association v. Govt. Of A.P .

Factual and Procedural Background

Legal Issues Presented

Arguments of the Parties

Petitioner (Association of Private Engineering Colleges)

Respondent (State of Andhra Pradesh)

Table of Precedents Cited

Court's Reasoning and Analysis

Holding and Implications

A.P Private Engineering College Management Association v. Govt. Of A.P .

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