JUDGMENT : VINEET SARAN, J. The prayers in these writ petitions are many, but learned counsel for the petitioners have limited their prayer only with regard to filling up of un-filled Non-Resident Indian (NRI) seats in their respective Colleges. 2. We have heard Sri Soubhagya Sundar Das, learned counsel for the petitioner in W.P.(C) No.13899 of 2017, Sri Aswini Patnaik, learned counsel for the petitioner in W.P.(C) No.13990 of 2017, Sri Devi Prasad Dash, learned counsel for the petitioner in W.P.(C) No.14016 of 2017, learned Additional Government Advocate for opposite party No. 1, Mr. S. Palit, learned counsel for the Chairman, Orissa Joint Entrance Examination (OJEE) and Policy Planning Body (PPB), Sri Aditya N. Mohapatra, learned counsel for Biju Pattnaik University of Technology (BPUT) and Sri S.S. Mohapatra, learned counsel for All India Council for Technical Education (AICTE). On consent of learned counsel for the parties, these writ petitions are being disposed of at admission stage. 3. Submission of learned counsel for the petitioners is that the respective Colleges would themselves be entitled to fill up the unfilled NRI quota seats from amongst the candidates enlisted by the OJEE and strictly on the basis of merit. It is contended that since such right would be available to them for filling up of NRI seats from amongst the NRI quota candidates, hence petitioners’ institutions have right to choose the candidates from the enlisted candidates, as the same principle would apply for filling up the vacant unfilled seats of NRI quota candidates. 4. Sri Palit, learned counsel for OJEE has submitted that admissions are to be granted in terms of the AICTE Act 1987 (for short, ‘the Act 1987’) and the Regulations framed thereunder in 2016, as well as the Approved Process Handbook 2017-2018 (for short, ‘Handbook’) published under the aforesaid Regulations. It is not disputed that the Regulations of AICTE, framed under the Act 1987, have statutory force. Mr. Palit, learned counsel has submitted that once the NRI seats remain unfilled, the seats are to be given to the general candidates as per the general merit list. Such position has not been denied by learned counsel for the parties. It is the submission of Mr. Palit that the petitioners-institutions have made endeavour to cherry pick the students from the merit list, which is dehors the law and should not be encouraged. Such position has not been denied by learned counsel for the parties. It is the submission of Mr. Palit that the petitioners-institutions have made endeavour to cherry pick the students from the merit list, which is dehors the law and should not be encouraged. It has been submitted that Clause-13 of the Handbook deals with ‘Admission for Sons and Daughters of Non Resident Indians’. Mr. Palit relied on this provision in support of his submission. 5. Sri A.K. Mohapatra, learned counsel for BPUT and Mr. S.S. Mohapatra, learned counsel for the AICTE have adopted the submissions made by Mr. Palit. We have heard the learned counsel for the parties at length and perused the record. 6. The procedure for admission for Sons and Daughters of Non Resident Indian parents has been very clearly laid down in Clause-13 of the Handbook, which is reproduced below: “13. Admission for Sons and Daughters of Non Resident Indians 13.1 Requirements and Eligibility a. For seeking grant of approval for admitting Sons and Daughters of Non Resident Indians, Institutions shall apply on the Portal. b. Five percent (5%) of seats within “Approved Intake” shall be allowed for admission under NRI category. c. The Institution shall have “Zero Deficiency” as per the Report generated. 13.2 Applicants shall submit relevant documents as per Appendix 17 to Regional office (RO) along with the application. 13.3 Procedure a. Grant of Approval for admission under NRI is based on self-disclosure of required facilities and infrastructure availability as submitted online on AICTE Web-Portal. b. In the event of non-availability of students in NRI category, the seats shall be given to general candidates as per general merit. However, general fee shall be applicable to these candidates thus admitted against vacant NRI seats. 13.4 Fee and Admission a. Competent Authority for admission shall be the same as for regular admission and shall fetch list of Technical Institutions who have sought approval from the Council. b. The Competent Authority for admission shall display availability of NRI seats, branch wise, in various Institutions, for information of candidates during all stages of admission so that the students can freely exercise their informed choice. The Institutions shall publish in their brochure and web site the number of NRI seats available in Course/division. c. Competent Authority for admission shall prepare merit list of applicants by inviting applications from eligible NRI students and effect admission strictly on merit basis. The Institutions shall publish in their brochure and web site the number of NRI seats available in Course/division. c. Competent Authority for admission shall prepare merit list of applicants by inviting applications from eligible NRI students and effect admission strictly on merit basis. xx xx xx” 7. Along with the writ petitions, the petitioners have filed Admission Rules of OJEE-2017 Odisha. Clause 2 of the aforesaid Rules deals with the ‘Seat Allotment Procedure’. Learned counsel for the petitioners have relied on the relevant portion of Clause-2 of the said Admission Rules dealing with NRI quota which is reproduced below: “5% seats are reserved for NRI and another 15% is reserved for JEE (MAIN)-2017. If candidates are less than 5% in NRI, the balance seat will be transferred to the general seat and allotment will be done as per general merit.” Section-9 under the Orissa Professional Educational Institutions Regulations (Regulation of Admission and Fixation of Fee) Act 2007 (for short, ‘Act 2007’) which is relevant, is reproduced below: “9. Reservation of seats – (a) In every professional educational institution admissions shall be in accordance with the reservation policy of the Government notified for the purpose of this Act; Provided that nothing in this Sub-section shall be applicable to the minority institutions. (2) In a private professional educational institution other than minority institution not exceeding fifteen per centum of the approved intake may be filled up by NRI from the merit list prepared on the basis of JEE. (3) Where any shortfall in filling of seats from NRI occurs, such vacant seats may be filled up from the merit list of All India Engineering Entrance Examination or All India Medical Entrance Examination, as the case may be, conducted by Central Board of Secondary Education: Provided that while filling up such vacant seats NRI shall be preferred. (4) In a private professional educational institution fifteen per centum of the approved intake may be filled up strictly from the merit list of All India Engineering Entrance Examination or All India Medical Entrance Examination, as the case may be, conducted by Central Board of Secondary Education. (4) In a private professional educational institution fifteen per centum of the approved intake may be filled up strictly from the merit list of All India Engineering Entrance Examination or All India Medical Entrance Examination, as the case may be, conducted by Central Board of Secondary Education. (5) where the seats remain unfilled due to non-availability of candidates in the list specified in Sub-sections (3) and (4) or where student out of such lists leaves after selection to such seats, the same shall be filled up by the candidates belonging to the general category from the merit list of the JEE. 6(a) Where seats for reserved category are left unfilled due to non-availability of candidates from a particular category in the list of JEE, such seats shall be filled up by candidates of same category from the merit list of All India Engineering Entrance Examination or All India Medical Entrance Examination, as the case may be, failing which such vacant seats shall be filled up by candidates not belonging to any reserved category in accordance with the merit list of JEE. (b) If still seats remain vacant, a second JEE may be conducted. 7(a) In a Minority institution, not less than fifty per centum of the approved in take shall be filled up by minority students from within the State belonging to the minority community to which the institution belongs on the basis of inter se merit in the merit list of the JEE. (b) The remaining seats shall be for the general category out of which up to fifteen per centum may be filled up by NRI.” 8. A conjoint reading of the aforesaid provisions of the Act 2007 as well as the Approval Process Handbook 2017-2018 of the AICTE and the Admission Rules framed by the OJEE 2017 for admission, would make it clear that the seats which fall vacant from amongst the NRI quota, would be transferred to the general seats and allotment would be done strictly as per the general merit. Clause 13.3.b of the Handbook further makes it clear that general fee shall be applicable to these candidates who are admitted to these vacant NRI seats. 9. Clause 13.3.b of the Handbook further makes it clear that general fee shall be applicable to these candidates who are admitted to these vacant NRI seats. 9. The procedure for Admission reveals that OJEE, after counseling, recommends the students for admission in particular colleges on the basis of their merit and choice, i.e., the procedure which is to be followed in all cases for admission of general candidates. The cases at hand are clear cases where, after the NRI seats fall vacant, the same are to be treated as general seats to be filled up from amongst the general candidates. Thus, the procedure to fill up the general candidates seats has to be followed while filling up of such seats. On being questioned repeatedly, none of the counsel appearing for the petitioners could point out any provision of the Act, 1987 and Regulations framed thereunder or the Handbook or the Act 2007, whereby they would be entitled to have their say in the matter of picking up students of their choice from amongst the merit list of OJEE. 10. Section-9 of Act 2007 also clearly provides for filling up of the unfilled NRI quota seats by candidates belonging to general category from the merit list of the JEE, which in the present case is OJEE, as OJEE has adopted the merit list of JEE Main. Although much has been argued that in the previous years, the benefit of the institutions having a say in the filling up of the vacant NRI seats was granted by this Court, but none of the learned counsel appearing for the petitioners has placed before us a single decision wherein ratio has been laid down to this effect, after giving reasons as to how and under which provision the Management of such institutions would have a say in the selection of the students to fill up the unfilled NRI quota seats. As such, since no such decision has been cited before us and only mention has been made that there are certain judgments, which have not been cited, we are unable to appreciate such proposition of law as canvassed by learned counsel for the petitioners. 11. As such, since no such decision has been cited before us and only mention has been made that there are certain judgments, which have not been cited, we are unable to appreciate such proposition of law as canvassed by learned counsel for the petitioners. 11. In view of the aforesaid, we are of the clear opinion that the vacant NRI seats of the respective Colleges have to be filled up from amongst the general candidates as per the provisions of Section 9(3) and (5) of Act 2007 and para-13 of the Approval Process Handbook 2017-2018, issued by the AICTE. The process may be completed by the OJEE at the earliest. 12. With the aforesaid observation, the writ petitions stand disposed of. Free copy of this judgment be supplied to Sri Palit for necessary compliance.