Higher Education (G) Department

NOTIFICATION

RULES

C HAPTER I

PRELIMINARY

1 . Short title and commencement .- (1) These Rules may be called the Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Rules, 2006.

  They shall come into force at once.

  ‘Act' means the Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Act, 2006;

  ‘Candidate' means a student whose name figures in the list of successful candidates in the Common Entrance Test conducted by the Commissioner for Entrance Examination;

  ‘Chairperson' means the Chairperson of the Admission supervisory Committee constituted under section 4 or Chairperson of the Fee Regulatory committee constituted under section 6 of the Act, as the case may be;

  ‘Member' means member of the Admission Supervisory Committee constituted under section 4 or member of the Fee Regulatory Committee constituted under section 6, as the case may be;

  ‘Prospectus' means the prospectus issued by the Government for any academic year for admission to professional degree courses;

  ‘Qualifying Examination' means the examination specified in the prospectus as the qualifying examination for a specific course of study;

  ‘Section' means a section of the Act.

(2) Words and expressions used, but not defined in these rules and defined in the Act shall have the same meaning respectively assigned to them in the Act

C HAPTER 2

ADMISSION SUPERVISORY COMMITTEE

3 . Terms and conditions of service of the chairperson and Members .- (1) The chairperson of the committee shall be eligible for honorarium and allowances as  may be fixed by the Government in consultation with him/her;

(2) The members of the committee shall be eligible for sitting fees for attending the meetings of the committee at such rates as may be decided by the committee;

(3) The Chairperson and Members shall be eligible for travelling allowances and daily allowances at the rates permissible for Class I Officers of the State Government.

4. Meeting of the Committee.- The committee shall meet as and when required as decided by the committee.

  Term of the Committee .- The term of the committee shall be three years.

C HAPTER 3

FEE REGULATORY COMMITTEE

6. Terms and conditions of service of the Chairperson and members .- (1)       The chairperson of the committee shall be eligible for honorarium and  allowances as may be fixed by the Government in consultation with him/her;

(2) The members of the committee shall be eligible for sitting fees for attending the meetings of the committee at such rates as may be decided by the committee;

(3) The Chairperson and members shall be eligible for traveling allowances and daily allowances at the rates permissible for Class I Officers of the State Government.

7. Meeting of the Committee .- The committee shall meet as and when  required as decided by the committee.

8. Term of the committee .- The term of the committee shall be three years.

C HAPTER 4

ADMISSION TO PROFESSIONAL COURSES

9. Educational Qualification for admission to professional cour ses.- The   educational qualification for admission to various professional degree courses will be as specified in the prospectus for Admission to Professional Degree Courses published by the Government for an academic year.

10. Allotment of Seats .- (1) Allotment of seats in an un-aided professional college or institution shall be done college or institution wise;

(2) In every Professional College or Institution other than a minority college or institution,-

(a) The distribution of seats for Scheduled Caste and Scheduled                              Tribe students shall be as specified in the prospectus;

(b) Identification of candidates belonging to item (b) and (c) under sub-section (1) of section 10 shall be made in the same manner as  is being followed in Government college and allotment of seats will be made in each category on the basis of inter se merit  taking into account the option exercise by the students. The identification of candidates under item (c) shall be subject to the conditions contained in the prospectus;

(c) Allotment of seats to candidates under item (d) of sub-section (1) of section 10 shall be on inter se merit and subject to the limitation that the annual income of the family of the candidate does not exceed two lakhs fifty thousand rupees.

(2) Every professional college or institution shall intimate their consent in writing or otherwise, for admission of candidates under item (c) and (d) of sub-section (1) of section 10, within the time limit specified for the same, by the Government.

(3) In case the management does not convey their consent in writing or otherwise, within the time limit specified, it shall be deemed that consent has been duly given for treating such seats as seats under (c) and (d) above, and filled up accordingly.

(4) The qualification for Non-Resident Indian students will be same as specified in the prospectus.

(5) The management of each professional college or institution shall submit to the Commissioner for Entrance Examinations the list of candidates to be considered for admission under privilege seats at least three days before the date notified for the commencement of first year classes.

(6) The un-aided professional colleges or institutions under the Institute of Human Resources Development, un-aided Colleges under the Lal-Bahadur Sasthri Centre for Science and Technology, un-aided Colleges under the Co-operative Academy of Professional Education, un-aided Colleges under Mahatma Gandhi University, un-aided Colleges under University of Kerala, un-aided colleges under University of Calicut and un-aided Colleges under Centre for Continuing Education shall surrender the privilege seats and admission to such surrendered seats shall be made from general merit seats.

(7) Ten per cent of the seats under privilege seats in the un-aided College under KSRTC may be filled by children/dependents of employees in the KSRTC on the basis of inter se merit from the list prepared by the Commissioner for Entrance Examinations. A minimum of five per cent seats under the same category shall be surrendered to be filled from general merit seats. Any seat unfilled under privilege seats shall be filled from general merit seats.

(8) 2% of the total number of sanctioned seats in an unaided professional college or institution shall be filled up by students who have made outstanding contribution in the field of culture and sports in the ratio of 1:1. For allotment to MBBS/BDS courses only those candidates whose rank falls within 7 fold of the total number of MBBS/BDS seats in Professional Colleges or Institutions available for allotment through the single window system will be considered. The allotment shall be done by the Commissioner for Entrance Examinations based on the following principles, namely:-

  allotment under seats reserved for excellence in culture shall be based on inter se merit from among those who have obtained ‘A Grade' in any item at the State Youth Festival or Higher Secondary Youth Festival conducted by the State Government;

  allotment under seats reserved for excellence in sports shall be based on inter se merit and in the manner specified in the prospectus.

(9) All students belonging to the same religious minority community irrespective of denominational differences shall be treated as belonging to the same minority community for the purpose of allotment of minority seats.

(10) Of the seats surrendered under sub-clause (9) of section 10, fifty per cent shall be filled up from general merit seats and the rest as specified under items (a), (b), (c) and (d) of sub-section (1) of section 10.

(11) The principles of rotation specified under sub-section (7) of section 10 shall be the same as specified in the prospectus.

C HAPTER 5

FREESHIP

11 . Freeship and its disbursement .-(1) All un-aided professional colleges or institutions, including minority and non-minority colleges or institutions shall provide freeship to a minimum of 50% of the students admitted in  each college, subject to the stipulations regarding income limit. Full remission will be given to all SC/ST students, irrespective of their   income, whether admitted under specified category or under general merit category. 40% of the students admitted shall also be given partial remission of fee. Students other than those admitted under SC/ST, privilege seats and Non-Resident Indian seats will be eligible for the  partial remission of fee on merit-cum-means basis. The fee payable by them will be the same as prevailing in Government or Aided colleges or institutions for the same courses. Only those students whose annual   family income does not exceed two lakhs fifty thousand rupees and who have applied for freeship with all relevant documents to support their claim will be considered for the grant of freeship. Initially, freeship will  be awarded to in the ratio of seats allotted to other socially and educationally backward classes, physically challenged and to categories  other than the two above. Where adequate numbers of claimants are not available under other socially and educationally backward classes or   physically challenged categories, the same shall be granted to other categories.

(2) The fee payable at rates prevailing in Government/Aided colleges or institutions in respect of SC/ST students admitted under  specified category will be paid to the institution concerned by the  Government. The fee payable by SC/ST students admitted under general   merit will be fully paid to the institution by the Government.

C HAPTER 6

HIGHER EDUCATION SCHOLARSHIP FUND

12. Administration of Higher Education Scholarship Fun d .- The Director of Collegiate Education shall be the administrator of the fund. The administrator shall submit on or before the 31 st of March every year a report detailing  the transactions made in the fund and details thereof.

C HAPTER 7

UN-AIDED MINORITY PROFESSIONAL COLLEGE OR INSTITUTION

13. Un-aided Minority Professional College or Institution .- (1) A minority  un-aided professional college or institution established and maintained by a minority community and affiliated to a university shall be   recognized as an un-aided minority professional college and conferred   status as such, only if it strictly conforms to all the three conditions laid  down in section 8.

(2) The status of an un-aided minority professional college or institution recognized as an un-aided minority professional college or institution and conferred status as such, will lose such status if and when the un-aided minority professional college or institution concerned ceases to fulfill any of the three conditions laid down in section 8 and thenceforth shall be treated on par with other un-aided professional educational colleges or institutions.

By order of the Governor,

P.J. THOMAS,

Additional Chief Secretary and

Principal Secretary to Government,

Higher Education Department.

Explanatory Note

(This does not form part of notification but intended to indicate its general purport.)

Sub-section (1) of section 19 of the Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education), Act, 2006, enables the Government to make rules for the purpose of carrying into effect the provisions of this Act. Government have decided to make rules for the above purpose.

This notification is intended to achieve the above object.