ORDER 1. Heard Mr. Aditya Sanghi, learned Counsel for the petitioner in W. P. No. 13146/2006; Mr. Satish Sharma, learned senior counsel with Mr. J. K. Pillai, Advocate, for the petitioner in W. P. No. 13827/2006; Mr. Rajendra Tiwari, learned senior counsel with Mr. U. Tiwari, Advocate, for the petitioner in W. P. No. 13884/2006; Mr. Paritosh Gupta, learned Counsel for Respondent No. 3-Rajiv Gandhi Proudyogiki Vishwa Vidyalaya, Bhopal in W. P. No. 13146/2006, and Mr. Deepak Awasthy, Dy. GA for the respondents. 2. The three writ petitioners in these writ petitions are Private Unaided Technical Colleges/Institutions in the State of Madhya Pradesh. After they had published their prospectus for admission to Master of Computer Application (MCA)/Master of Business Administration (MBA) seats during academic year 2006-07, the All India Council for Technical Education (for short 'AICTE') enhanced the intake capacity of the aforesaid petitioners' Colleges/Institutions as per detailed hereinbelow: S. No. Name of the Col leges /Institutions Name of Course Intake capacity Revised Intake capacity 1. Oriental Institute of Science and Technology, Bhopal. MCA 60 120 2. Chandravadni Mahila Shiksha Samiti, Bhopal. MCA 60 120 Technocrats Institute of Technology, Bhopal. MBA 60 90 3. V.N.S. Institute of Management, Bhopal. MBA 90 120 3. After increase of their intake capacity, the petitioners wrote to the Director, Technical Education, Bhopal, informing him that their intake capacity has been increased and requesting him to start counselling for filling up the additional seats pursuant to such increase of the intake capacity. The Director, Technical Education, Bhopal, instead of allowing the counselling for these additional seats, informed the petitioners that the State Government has taken a decision that the seats will be filled up only in the next academic year 2007-08. 4. The reason for the said decision of the State Government is contained in the communication dated 15-9-2006 of the Additional Secretary, Technical Education, Government of Madhya Pradesh, Bhopal, in which it is stated that since the counselling for admission to the existing seats of MCA/MBA was over and the candidates have been offered seats as per their merit in different branches of MBA/MCA in different colleges/institutions allowing the counselling for admission in the additional seats of MBA/MCA at this stage may result in candidates with lesser merit getting seats in better branches/institutions of MBA/MCA courses. 5. An affidavit has been filed today by Mr. 5. An affidavit has been filed today by Mr. Dilip Mehra, Principal Secretary, Department of Technical Education and Training, Government of M.P., Bhopal, stating therein that the admission test for seats in the management were conducted at two levels - All India Level and State Level, and that the admission test at the All India Level was conducted by the Association of Indian Management School, Secunderabad (A. P.) and the admission test at the State Level was conducted by the Professional Examination Board, Bhopal. In the said affidavit, it is further stated that there were 700 seats to be filled up on the basis of test conducted at All India Level and 3,500 seats to be filled up on the basis of the test conducted at the State Level and approximately 4000 candidates were in the merit list of the test conducted at the All India Level and 7,100 candidates were in the merit list on the basis of test conducted at the State Level and all these candidates were called for counselling. It is further stated in the said affidavit that the counselling for MBA course of the candidates for All India Quota was held between 31-7-2006 to 4-8-2006 and the counselling for MBA course for State quota was held between 31-8-2006 to 6-9-2006 and the candidates who secured 99.99 marks to 0.00 marks were called for counselling for admission to All India Quota and similarly the candidates who had secured 749.00 marks to 0.00 marks, were called for counselling for State quota and after completion of Central Counselling, vacant seats and drop out seats were filled up at institutional level counselling by the Director, Technical Education, Bhopal. It is further stated in the said affidavit that for filling up of vacant and drop out seats, students who secured minimum marks (for unreserved 50%, reserved 40%) in qualifying examination, have been permitted admission on the basis of their merits in the qualifying examination. It thus appears that the entire counselling for admission to the MBA/MCA courses in the private technical colleges/institutions is already over. 6. But it is not in dispute that AICTE has enhanced the intake capacity of MBA/MCA courses in the aforesaid Colleges/Institutions as per details given above from the academic year 2006-07. It thus appears that the entire counselling for admission to the MBA/MCA courses in the private technical colleges/institutions is already over. 6. But it is not in dispute that AICTE has enhanced the intake capacity of MBA/MCA courses in the aforesaid Colleges/Institutions as per details given above from the academic year 2006-07. This obviously has been done by the AICTE after ascertaining that the petitioners* Colleges/Institutions have the required infrastructure and all other resources for the additional seats. Not filling up the additional seats in the petitioners' Colleges/Institutions would not only cause financial loss to the petitioners but will also deprive candidates who want to pursue studies in such additional seats of MBA/MCA courses such opportunity to study during the year 2007-2008. All efforts should be made to ensure that additional seats in a Technical Institutions sanctioned by the AICTE do not go waste but are utilized as fruitfully as possible for the benefit of the students, the Institutions and the country. 7. The State Government may be right in taking a view that allowing counselling for admission to the additional seats of MBA/MCA course may result in candidates with lesser merit getting a chance to get admitted in better branches/Institutions particularly when the counselling had already begun and had gone a long way. But this should not be a ground for not filling up the additional seats in MBA/MCA courses in the Colleges/Institutions of the petitioners sanctioned by the AICTE for the academic year 2006-07. The way out in such a case is to have the additional seats advertised to hold an admission test among those candidates who apply for the seats and on the basis of merit determined in such admission test, admit the students after fresh counselling. The time limit fixed for admission to the MBA/MCA courses has not yet expired and it appears that by a communication dated 4th October, 2006, the Chancellor of Rajiv Gandhi Proudyogiki Vishwa Vidyalaya, Bhopal, has extended the last date of admission to all Technical courses upto 15-10-2006. Hence, admissions to the MBA/MCA courses for the academic year 2006-2007 can still take place. 8. Hence, admissions to the MBA/MCA courses for the academic year 2006-2007 can still take place. 8. We accordingly dispose of these writ petitions with the directions that the petitioners will advertise the additional seats by 10th October, 2006 in an English daily and a Hindi daily having circulation all over Madhya Pradesh and the Professional Examination Board (Vyapam), Bhopal, will hold the admission test for determining the merit of the candidates who apply for the additional seats, and on the basis of such merit as determined by the Professional Examination Board, counselling will be held by the Department of Technical Education, Government of Madhya Pradesh and the additional seats will be filled up by 31st October, 2006. The 15% of management quota out of the additional seats will also be filled up by the petitioners on the basis of merit as determined by the Professional Examination Board in the admission test. The Rajiv Gandhi Proudyogiki Vishwa Vidyalaya, Bhopal, will extend the date for admission to these additional seats to 31st October, 2006. Order accordingly.