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KARNATAKA EDUCATIONAL INSTITUTIONS (PROHIBITION OF CAPITATION FEE) ACT, 1984

KARNATAKA EDUCATIONAL INSTITUTIONS (PROHIBITION OF CAPITATION FEE) ACT, 1984

37 of 1984

STATEMENT OF OBJECTS AND REASONS [KARNATAKA ACT No. 17 OF 1985] Karnataka Gazette, Extraordinary, dated 25-3-1985 The Karnataka Educational Institutions (Prohibition of Capitation Fee) Bill, 1984 as passed by both the Houses of Legislature was reserved by the Governor of Karnataka for consideration of the President under Article 200 of the Constitution of India. When the Bill was awaiting the assent of the President, Ordinance 14 of 1983, which it was intended to replace had lapsed and it became necessary to promulgate the Karnataka Educational Institutions (Prohibition of Capitation Fee) Ordinance, 1984 (Karnataka Ordinance 8 of 1984) with substantially the same provisions as the Bill and effective from llth July, 1983. It was promulgated on 9th July, 1984 to provide legal validity to the rules, orders and notifications issued or validated under Karnataka Ordinance 4 of 1983 and to the rules, orders and notifications on the subject issued or to be issued for the academic year 1984-85. Subsequently the assent of the President was received to the Bill and it was published as Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 (Karnataka Act 37 of 1984) on 9th August, 1984. Hence the Karnataka Ordinance 8 of 1984 had to be repealed, saving action taken or validated by it. While conveying the assent of the President, Government of India also communicated directions that the Act may be amended to the effect that any contravention of the provisions of Act after the lapse of the Karnataka Ordinance 14 of 1983 but before the date of publication of the Act in the Official Gazette shall not be punishable under Section 7 or 8 of the Act, as offences cannot be created retrospectively. In order to repeal the Karnataka Ordinance 8 of 1984 and to amend the Act in accordance with the directions of the Government of India and to make certain consequential amendments to the Act including validation of action taken or validated by Karnataka Ordinance 8 of 1984, the Karnataka Educational Institutions (Prohibition of Capitation Fee) (Amendment) Ordinance, 1984 was promulgated on 9th August, 1984 as Karnataka Ordinance 10 of 1984. As the said Ordinance lapsed on the tenth day of January, 1985, the Karnataka Educational Institutions (Prohibition of Capitation Fee) (Amendment) Ordinance, 1985 (Karnataka Ordinance 2 of 1985) was promulgated. This Bill seeks to replace the said Ordinance. Hence the Bill.

An Act to prohibit the collection of capitation fee for admission to educational institutions in the State of Karnataka and matters relating thereto. Whereas, the practice of collecting capitation fee for admitting students into educational institutions is widespread in the State; And whereas, this undesirable practice beside contributing to large scale commercialisation of education has not been conducive to the maintenance of educational standards; And whereas, it is considered necessary to effectively curb this evil practice in public interest by providing for prohibition of collection of capitation fee and matters relating thereto; Be, it enacted by the Karnataka State Legislature in the Thirty-fourth Year of the Republic of India as follows:

Section1 Short title and commencement

(1) This Act may be called the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984.

11. Sub-section (2) substituted by Act No. 17 of 1985 and shall be deemed to have come into force w.e.f. 9-8-1984. [(2) This section, clause (c) of Section 15 and sub-sections (2) and (4) of Section 16 shall come into force at once and the remaining provisions of this Act shall be deemed to have come into force on the Eleventh day of July, 1983.]

Section2 Definitions

In this Act, unless the context otherwise requires,

(a) "Backward classes" means any socially and educationally backward classes of citizens recognised by the Government for purposes of clause (4) of Article 15 of the Constitution of India;

(b) "Capitation fee" means any amount, by whatever name called, paid or collected directly or indirectly in excess of the fee prescribed under Section 5, but does not include the deposit specified under the proviso to Section 3;

(c) "Educational Institution" means any institution by whatever name called, whether managed by Government, private body, local authority, trust, University or any other person carrying on the activity of imparting education in medicine or engineering leading to a degree conferred by a University established under the Karnataka

(d) "Government" means the Government of Karnataka;

(e) "Government seats" means such number of seats in such educational institution or class or classes of such institutions in the State as the Government may, from time to time, specify for being filled up by it in such manner as may be specified by it by general or special order on the basis of merit and reservation for Scheduled Castes, Scheduled Tribes, Backward Classes and such other categories, as may be specified, by the Government from time to time, without the requirement of payment of capitation fee or cash deposit;

(f) "Management" means the managing committee or the governing body, by whatever name called, of an educational institution to which the affairs of the said institution are entrusted and where such affairs are entrusted to any person, whether called by the name of secretary, correspondent or by any other name includes also such person;

(g) "Minority educational institutions" means educational institutions established and administered by minorities as provided under Article 30 of the Constitution of India; and

(h) "Scheduled Castes" and "Scheduled Tribes" shall have the meaning respectively assigned to them in clause (24) and clause (25) of Article 366 of the Constitution of India.

Section3 Collection of capitation fee prohibited

Notwithstanding anything contained in any law for the time being in force, no capitation fee shall be collected by or on behalf of any educational institution or by any person who is incharge of or is responsible for the management of such institution:

Provided that subject to such rules as may be prescribed or such conditions as may be specified by general or special order, from time to time, the Government may, notwithstanding anything contained in this Act permit any educational institution established before the date of commencement of this Act and maintained or developed solely or substantially out of amounts collected as capitation fee or any class or classes of such institutions, to continue to receive such capitation fee or cash deposits in such manner, to such extent and for such period as the Government may, by order, specify, so however that such period shall not in any case extend beyond five years from such date.

Section4 Regulation of admission to educational institutions, etc.

Subject to such rules, or general or special orders as may be made by the Government in this behalf and any other law for the time being in force,

(1)

(a) the minimum qualification for admission to any course of study in an educational institution shall be such as may be specified by

(i) the University, in the case of any course of study in an educational institution maintained by or affiliated to such University:

Provided that the Government may, in the interest of excellence of education, fix any higher minimum qualification for any course of study;

(ii) the Government, in the case of other courses of study in any other educational institution;

(b) the maximum number of students that could be admitted to a course of study in an educational institution shall be such as may be fixed by the Government from time to time;

(2) in order to regulate the capitation fee charged or collected during the period specified under the proviso to Section 3, the Government may, from time to time, by general or special order, specify in respect of each private educational institution or class or classes of such institutions

(a) the number of seats set apart as Government seats;

(b) the number of seats that may be filled up by the management of such institution

(i) from among Karnataka students on the basis of merit, on payment of such cash deposits refundable after such number of years, with or without interest as may be specified therein but without the payment of capitation fee; or

(ii) at its discretion:

Provided that such number of seats as may be specified by the Government but not less than fifty per cent of the total number of seats referred to in clauses (a) and (b) shall be filled from among Karnataka students.

Explanation. For the purpose of this section, Karnataka students means persons who have studied in such educational institutions in the State of Karnataka run or recognised by the Government and for such number of years as the Government may specify;

(3) an educational institution required to fill seats in accordance with item (i) erf sub-clause (b) of clause (2), shall form a committee to select candidates for such seats. A nominee each of the Government and the University to which such educational institution is affiliated shall be included as members in such committee.

Section5 Regulation of fees, etc.

(1) It shall be competent for the Government, by notification, to regulate the tuition fee or any other fee or deposit or other amount that may be received or collected by any educational institution or class of such institutions in respect of any or all class or classes of students.

(2) No educational institution shall collect any fees or amount or accept deposits in excess of the amounts notified under sub-section (1) or permitted under the proviso to Section 3.

(3) Every educational institution shall issue an official receipt for the fee or capitation fee or deposits or other amount collected by it.

(4) All moneys received by any educational institution by way of fee or capitation fee or deposits or other amount shall be deposited in the account of the institution, in any Scheduled Bank and shall be applied and expended for the improvement of the institution and the development of the educational facilities and for such other related purposes and to such extent and in such manner as may be specified by order by the Government.

(5) In order to carry out the purposes of sub-section (4), the Government may require any educational institution to submit their programmes or plans of improvement and development of the institution for the approval of the Government.

Section6 Regulation of expenditure and maintenance of accounts, etc.

(1) The Government may regulate the expenditure of educational institutions and the maintenance of accounts by them in such manner as may be prescribed.

(2) The Government may require such educational institutions to submit such returns or statements as it may deem necessary for carrying out the purposes of this Act.

Section7 Penalties

Whoever contravenes the provisions of this Act or the rules or orders made thereunder, shall, on conviction, be punishable with imprisonment for a term which shall not be less than three years but which shall not exceed seven years and with fine which may extend to five thousand rupees. Where the conviction is for an offence under Section 3 or Section 5, the institution or the person convicted thereunder shall refund the money so collected in excess to the party from whom it was collected.

Section8 Offence by companies

(1) Where an offence against any of the provisions of this Act or any rule made thereunder has been committed by a company, every person who at the time the offence was committed, was incharge of and was responsible to the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and ounished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he has exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything in sub-section (1) where any such offence has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation. For the purpose of this section,

(a) "Company" means any body corporate and includes a trust, a firm, a society or other association of individuals, and

(b) "Director" in relation to

(i) a firm means a partner in the firm;

(ii) a society, a trust or other association of individuals, means the person who is entrusted under the rules of the society, trust or other association with management of the affairs of the society, trust or other association, as the case may be.

Section9 Power to enter and inspect

(1) Any officer not below the rank of a Group A senior scale officer authorised by the State Government in this behalf, may at any time during the normal working hours of any educational institution enter such institution or any premises thereof or any premises belonging to the management of such institution if he has reason to believe that there is or has been any contravention of the provisions of this Act and search and inspect any record, accounts register or other documents belonging to such institution or of the management, insofar as any such record, accounts, register or other document relates to such institution and seize any such record, accounts register or other documents for the purpose of ascertaining whether there is or has been any such contravention.

(2) In order to secure proper and effective utilisation of the finances or resources or other assets of any educational institution in existence at the commencement of this Act it shall be competent for the Government to invoke the provisions of sub-section (1) and ascertain such finances, resources and assets of an institution and after such ascertainment to give such directions to the managements as they deem fit.

(3) The provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) relating to searches and seizure shall apply, so far as may be, to searches and seizures under sub-section (1).

Section10 Application of the Act to minority institutions

Nothing in this Act or the rules or orders made thereunder shall apply to any minority educational institution to the extent to which they are inconsistent with the rights guaranteed under Article 30 of the Constitution of India.

Section11 Cognizance of offences

No Court shall take cognizance of any offence under this Act except with the sanction of the Government or such officer as it may authorise in this behalf.

Section12 Act to override other laws

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

Section13 Protection of act done in good faith

No suit, prosecution or other legal proceeding shall be instituted against the Government or any officer, authority or person empowered to exercise the powers or perform the functions by or under this Act for anything which is in good faith done or intended to be done under this Act or under the rules or orders made thereunder.

Section14 Power to make rules

(1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act.

(2) Every rule made under this section shall immediately after it is made, be laid before each House of the State Legislature if it is in session and if it is not in session, in the session immediately following for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiration of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section15 Validation

Notwithstanding anything contained in this Act, any rule or order or notification made or issued,

(a) under the Kamataka Educational Institutions (Prohibition of Capitation Fee) Ordinance, 1983 (Karnataka Ordinance No. 10 of 1983) or before the date of its commencement; and

11. Clauses (b) and (c) substituted for clause (b) by Act No. 17 of 1985 and shall be deemed to have come into force w.e.f. 9-8-1984. [(b) under the Karnataka Educational Institutions (Prohibition of Capitation Fee) (No. 2) Ordinance, 1983 (Karnataka Ordinance 14 of 1983) or before the date of promulgation of the said Ordinance but after the lapse of (Karnataka Ordinance 10 of 1983; and

(c) under the Karnataka Educational Institutions (Prohibition of Capitation Fee) Ordinance, 1984 (Karnataka Ordinance 8 of 1984), or before the date of promulgation of the said Ordinance but after the lapse of Karnataka Ordinance 14 of 1983 in relation to any of the matters of furtherance of which this Act is enacted (including the Government Order No. HFW 44 MSF 83, dated 20th June, 1983, Government Order No. ED 37 TEC 83, dated 7th July, 1983, Government Order No. ED 37 TEC 83, dated 1st October, 1983, Government Order No. ED 23 TEC 84, dated 21st June, 1984, Government Order No. HFW 137 FTD 84, dated 25th July, 1984, Government Order No. ED 157 TPE 84, dated 31st July, 1984 and Government Order No. HFW 136 MSF 84, dated 1st August, 1983) and anything done or any action taken under such rule'or order or notification shall be deemed to be as valid and effective as if they were made, or issued under this Act or as the case may be done or taken under any such rule or order or notification made or issued thereunder.]

Section16 Repeal and Savings, etc

22. Substituted for the words "Repeal and Savings" by Act No. 17 of 1985 and shall be deemed to have come into force w.e.f. 9-8-1984. (1) The Karnataka Educational Institutions (Prohibition of Capitation Fee) (No. 2) Ordinance, 1983 (Karnataka Ordinance No. 14 of 1983) is hereby repealed.

33. Sub-sections (2) to (4) substituted for sub-section (2) by Act No. 17 of 1985 am deemed to have come into force w.e.f. 9-8-1984. [(2) The Karnataka Educational Institutions (Prohibition of Capitation Fee) Ordinance, 1984 (Karnataka Ordinance 8 of 1984) is hereby repealed.

(3) Notwithstanding the repeal of Karnataka Ordinance 14 of 1983 and Karnataka Ordinance 8 of 1984 anything done or any action taken under the said Ordinances shall be deemed to have been done or taken under this Act.

(4) Notwithstanding anything contained in Sections 7 and 8 but subject to sub-section (3) no person or a company shall be convicted for anything done in contravention of the provisions of this Act after the lapse of Karnataka Ordinance 14 of 1983, but before the date of the publication of this Act in the Official Gazette.]

RULE

KARNATAKA SELECTION OF CANDIDATES FOR ADMISSION TO DEGREE COURSE IN PHARMACY AND NURSING RULES, 1994

In exercise of the powers conferred by sub-section (1) of Section 14 of the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 (Karnataka Act 37 of 1984), the Government of Karnataka hereby makes the following rules, namely:

Rule1 Title, commencement and application

(1) These rules may be called the Karnataka Selection of Candidates for Admission to 22. Substituted for the words "Pharmacy and Nursing Courses" by GSR 99, dated 26-7-1995, w.e.f. 17-8-1995. [Degree Course in Pharmacy and Nursing] Rules, 1994.

(2) They shall come into force on the date of their publication in the Official Gazette.

(3) These rules shall apply to the selection of candidates for admission to the following courses of Education, namely.

(a) Bachelor of Pharmacy and

(b) Bachelor of Nursing

(4) These rules shall not apply to candidates including foreign candidates sponsored by the Government of India, Ministry of Human Resource Development.

Rule2 Definitions

In these rules, unless the context otherwise requires.

(a) "Aided Institution" means any institution which receives Grant-in-Aid from the Government;

(b) "Allotment Centre" means a centre at which the allotment of candidates to various institutions are made;

(c) "Committee" means a committee constituted by the Government by order for determination of ceiling on the "fee for free seats and payment seats" in accordance with the decision of the Supreme Court in Unnikrishnan's case;

(d) "Director" means the Director of Medical Education in Karnataka;

(e) "Ex-Serviceman" means a person who.

(i) has served in any rank (whether as a combatant or as a non-combatant) in the Armed Forces of the Union including the Armed Forces of the former Indian States and Border Roads organisational personnel, but excluding the Assam Rifles, Defence Security Corps, General Reserve Engineering force, Lok Shayak Sena and the Territorial Army, for a continuous period of not less than six months at a station;

(ii) has been released otherwise than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency or has been transferred to the reserve pending such release; or

(iii) has to serve for not more than six months for completing the period of service requisite for becoming entitled to be released or transferred to the reserve as aforesaid; or

(iv) has been released at his own request after completing five years of service in the Armed forces of the Union;

(f) "Freedom Fighter or Political Sufferer" shall have the same meaning as defined in G.O. No. ED 73 TEC 85, dated 27th November, 1985;

(g) "Free Seats" means the seats specified as "free seats" in such institutions as may be notified by the Government.

(h) "Gadinadu Kannadiga" means a Kannadiga whose mother tongue is Kannada and who resides in the disputed Kannada speaking areas for a period of not less than five years as on first July of the year of application for admission to Bachelor of Pharmacy or Bachelor of Nursing course vide this rule.

Explanation. For the purpose of this clause, disputed Kannada speaking areas means the taluks of South Sholapur, Akkalkot, Jath and Gandinglaj of Maharashtra State and the Kasargod Taluk of Kerala State.

(i) "Horanadu Kannadiga" means a Kannadiga whose mother tongue is Kannada and who is residing outside Karnataka State for a period of five years as on first July of the year in which the application of admission to the respective courses is called for and who has passed the qualifying examination from a University or Board or any other institution located outside Karnataka;

(j) "Institution" means any educational institution carrying on the activity of imparting education in B. Pharma and B.Sc. (Nursing) leading to a degree conferred by the University;

(k) "Intake" means the sanctioned strength of a course fixed by the affiliating authority;

11. Clause (1) substituted by GSR 99, dated 26-7-1995, w.e.f. 17-8-1995. [(1) "Karnataka student" means a student who has studied in one or more Government or Government recognised Educational Institutions located within the State of Karnataka for a minimum period of ten academic years (commencing from first standard to twelfth standard, both standards inclusive or qualifying examination, either continuously or in broken periods) as on first July of the year in which Entrance Test is held and has studied, appeared and passed the Secondary Leaving Certificate Examination or Tenth Standard Examination and the Second Year Pre-University Course Examination or the 12th Standard Examination in a Government or Government recognised educational institutions located within the State of Karnataka;]

Provided that the requirement specified at clause (1) above shall not apply to.

(1) Son or daughter of Defence personnel, Central Government - employees and employees of Central or State Government undertakings or Joint Sector (undertakings working at present continuously for a period of one year in Karnataka as on first July of the relevant year);

(2) Son or daughter of Members of Parliament, elected from Karnataka to the extent of the period of the child's study in Delhi from 1st standard to the qualifying examination during the tenure of such person as a Member of Parliament;

(3) Son or daughter of serving or retired employees of.

(i) All India service of Karnataka cadre; and

(ii) State Government who has served or are serving outside the State of Karnataka to the extent of the period of the child's study outside the State from first standard to the qualifying examination during the period of such service.

(4) Son or daughter of working or retired Central Government employees, employees of Central or State Government undertakings or Joint Sector undertakings where such employee.

(i) had declared to the Central Government at the time of joining service any place in Karnataka to be their home town; and

(ii) has studied in any educational institution in Karnataka run or recognised by the State Government for not less than 11. Substituted for the words "five years" by GSR 99, dated 26-7-1995, w.e.f. 17-8-1995. [ten years] at any time between the First Standard and 22. Substituted for the letters "S.S.L.C." by GSR 99, dated 26-7-1995, w.e.f. 17-8-1995. [Twelfth Standard or Second Year Pre-University Examination] or its equivalent examination.

(5) Son or daughter of serving Defence Personnel or Ex-servicemen whose home address at the time of joining the Defence Service was in Karnataka, proof of such domicile having been produced either by obtaining the extract from the records office of the Defence Unit or a certificate from the Rajya or Zilla Sainik Board.

(6) Son or daughter of any employee (other than Central Government) transferable in India to a post in a place outside the State of Karnataka under the terms and conditions governing his employment but at present working continuously for a period of atleast twelve months in Karnataka as on First July of the relevant year, if.

(i) the candidate has passed the qualifying examination from an educational institution in Karnataka; and

(ii) either parent of the candidate has studied for a minimum period of ten years in educational institutions in Karnataka run or recognised by the Karnataka Government.

(7) Son or daughter of parents who are Kannadigas and who have resided in Karnataka State for a period of atleast ten years or having studied for a minimum period of ten years in educational institutions in Karnataka run or recognised by the State Government and the candidate having passed the Karnataka Pre-University first and second year examinations or equivalent examination conducted by recognised schools or institutions in Karnataka State.

(8) Son or daughter of Horanadu Kannadigas and Gadinadu Kannadigas.

(m) "Merit" means merit as determined under Rule 6;

(n) "Payment seats" means the seats specified as "payment seats" in such institutions as may be notified by the Government;

(o) "Pre-University Examination" means the second year examination of the Pre-University courses conducted by the Pre-University examination board of the State of Karnataka;

(p) "Qualifying examination" means the second year examination of the Pre-University course or the final year Diploma in Pharmacy course of the Board in Karnataka as the case may be or any other qualification declared as equivalent thereto by the Government;

(q) "Unaided Institution" means any privately managed institution which is not an Aided Institution;

(r) "University" means an University established under the Karnataka State Universities Act, 1976 (Karnataka Act 28 of 1976);

Rajeev Gandhi University of Health Sciences Act, 1994 (Karnataka Act 44 of 1994) and includes an educational institution declared as deemed University by the Government of India under Section 3 of the U.G.C. Act, 1956 (Central Act 3 of 1956) and notified by the State Government under Section 2(c) of the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984.

Rule3 Eligibility

(1) No person shall be eligible for admission to any of the full time Degree courses specified in Rule 1 unless he.

(a) has passed the second year of Pre-University course with Physics, Chemistry and Mathematics or Physics, Chemistry and Biology in respect of admission to B. Pharma course and must have passed II year Pre-University course with Physics, Chemistry and Biology as Optional subjects in respect of admission to B.Sc. (Nursing) Courses and English as one of the languages and has obtained not less than fifty per cent of the aggregate marks in the optional subjects:

Provided that the minimum marks for the purpose of qualification specified for free seats shall not be less than forty per cent in case of candidates belonging to Scheduled Castes and Scheduled Tribes and Category-I specified in the relevant Government Order for the purpose of reservation; or

(b) is a holder of Diploma in Pharmacy granted by the Board or equivalent examination and has obtained not less than fifty per cent of the total maximum marks in the final examination leading to the said Diploma:

Provided that the minimum marks for the purpose of qualification specified above shall not be less than forty per cent in the case of candidates belonging to Scheduled Castes, Scheduled Tribes and Category-I specified in the relevant Government Order for the time being in force.

(2) Besides fulfilling the eligibility conditions specified in sub-rules (1), no person shall be eligible for selection under free seats unless he is a citizen of India.

Rule4 Allocation of seats

Following shall be the allocation of seats in the institutions for the purpose of these rules.

(i) "Free Seats" shall include.

(a) All the seats in the institutions established and/or administered by the State Government or the University;

(b) Such number of seats in an institution declared as "Free Seats" by the State Government by notification;

(ii) "Payment Seats" shall be the seats that remain after determination of "Free seats".

11. Clause (iii) inserted by GSR 33, dated 18-6-1998. [(iii) 30% of the seats as Government free seats and the remaining 70% of the seats to the Management in respect of Bachelor of Science in Physiotheraphy.]

Rule5 Free Seats and Payment Seats

22. Rule 5 substituted by GSR 99, dated 26-7-1995, w.e.f. 17-8-1995. [(1) All Free Seats shall be filled by Kamataka Students.]

Rule6 Determination of merit

The merit shall be determined by taking the marks obtained in the optional subjects, as the case may be, in the n year PUC or equivalent examination:

Provided that in respect of candidates possessing Diploma in Pharmacy, selected for admission to first year of B. Pharma course shall be on the basis of marks obtained in the final examination leading to the Diploma.

Explanation. For the purpose of these rules, optional subjects means Physics, Chemistry and Mathematics or Biology for the courses specified in clause (a) and Physics, Chemistry and Biology for the course specified in clause (b) of sub-rule (3) of Rule 1:

Provided that where the merit of two or more candidates is the same, the merit shall be determined with reference to the marks obtained in Chemistry in case of B. Pharma course and Biology in case of B.Sc. Nursing qualifying examination and where the marks obtained are equal, the merit shall be determined on the basis of the age of the candidate, the older candidate placed above the younger.

Rule7 Procedure for selection of candidates

The procedure for the selection of candidates for admission to institutions against "Free Seats" shall be as follows.

(1) The Director shall publish on the Notice Board of his office and in such other office as he may think fit and also by giving publicity in atleast one Kannada and one English Newspapers having wide circulation in the State and call for duly completed applications for admission to I year B. Pharma and B.Sc. (Nursing) Courses, for all seats in all the institutions in the State, giving briefly such information as particulars of courses, the number of seats available as "Free Seats and Payment Seats", the names and location of institutions, the fees chargeable by each institution, minimum eligibility conditions, reservation of seats, the method of admission, the place where the prescribed application form along with the brochure containing the above details will be available and such other information as he considers necessary and fixing the last date and time for receipt of the application. The Director shall also similarly give such publicity as necessary and call for applications with such information as may be required for seats reserved for Kannadigas outside Karnataka. No application shall be entertained after the last date or dates so fixed.

(2) Separate application forms may be specified for different (category of applicants for different) courses of studies. The Director shall also indicate the various certificates, affidavits, marks cards, etc., which are required to be produced at the time of admission to an institution after selection.

(3) A candidate possessing qualification declared as equivalent to the Karnataka Pre-University examination shall produce at the time of his admission, copy of the order in which such qualification has been declared as equivalent to the said Pre-University examination or an eligibility certificate of the concerned University in Karnataka.

(4) Applications wherever called for should be legibly and properly filled, strictly as per the instruction given to the candidates. Where the required certificates and affidavits as specified are not enclosed such applications shall be liable to be rejected.

(5) The Director shall enter the details of every application received by him upto the last date fixed for receipt of applications irrespective of whether it is valid or invalid under these rules in a register. This register shall be called as the "Register of applications received".

Rule8 Mode of selection to Free seat category

(a) The Director shall prepare a list of candidates for selection from the Register of applications, in the order of merit determined under Rule 6 and in the order of reservation prescribed under Rule 10;

(b) The Director shall, for the purpose of allotment of seats, cause publication of the details of interview as to the place, dates, time, etc., in one or more leading Newspapers having wide circulation in the State for the information of the intending candidates;

(c) The Selection Committee constituted under Rule l2 each day, shall call for interview a specified number of candidates from the list prepared under clause (a) above. Every candidate shall be required to give his choice of course and institution either under free seat, or under payment seat as the case may be, at the interview:

Provided that non-Karnataka candidates shall not be entitled to claim reservation against any of the reserved categories, and shall opt for payment seat only;

(d) Each candidate shall also pay the fee prescribed for the I Year through a crossed Demand Draft made payable to the Director at Bangalore and produce all the relevant original documents for verification. The Director shall cause verification of all the original documents produced by the candidate and after ascertaining that the documents so produced are proper and in order, he shall issue allotment order to the candidate as per the rank and choice of the candidate and with reference to the Vacancy position obtaining at the time of allotment. The allotment order shall contain the details of institution and course to which the candidate is allotted and also the category of seats to which he/she has been allotted. Once the allotment order is issued, it shall be final, and the candidate shall not have any more opportunity to exercise his option again for change;

(e) With the issue of allotment order, the candidate shall be deemed to have been finally admitted;

(f) After getting the allotment order, each candidate shall join the respective institution to which he is allotted within the period specified. If the candidate fails to join within the said specified period, his/her allotment shall automatically stand forfeited without any further notice to the candidate. Vacancies, thus arising shall be filled by the Director from among the candidates remaining in the list prepared in accordance with clauses (a) and (b). It shall be binding on the institutions to allow the candidates allotted by the Director to join the institutions to which they are allotted;

(g) After the last date fixed for the candidates to join the institutions to which they are allotted, the Principals of the respective institutions shall send the list of candidates who have joined, to the Director within one week therefrom.

Rule9 Mode of selection for payment seat

(1) The following candidates shall be eligible for selection for admission to the payment seats, namely.

(a) All candidates who have been selected for admission to a seat in any institution under the free seat category and who have also opted for selection against payment seats;

(b) Candidates remaining in the General merit list and who have already exercised option to be considered for selection under payment seats category;

Rule10 Reservation of seats under free seats

(1)

(a) Out of the seats available under free seats for admission to I Year B. Pharma Course, Eighty Five per cent of the seats shall be filled by candidates who have passed the Pre-University examination and remaining fifteen per cent of seats shall be filled by the candidates who have passed D. Pharma Course;

(b) All seats available under free seat for admission to B.Sc. (Nursing) Courses shall be filled by candidates who have passed the Pre-University examination.

(2) Seats shall be reserved under Tree Seats' in favour of the following categories of persons and to the extent specified by the State Government from time to time.

(a) Son or daughter of Freedom Fighters (Political Sufferers) as specified in the Government Order No. ED 73 TEC 85, dated 27th November, 1985 as amended from time to time;

(b) Son or daughter of Defence Personnel:

Provided that candidates claiming reservation under this category shall indicate his preference at the time of interview, either to consider his case under general merit or under reservation category;

Explanation. Defence personnel for the purpose of this clause means a person in Defence Service who has been working at present continuously for a period of twelve months in Kamataka immediately prior to the first announcement made for the year of admission and who has a minimum of five years of active service in Defence or a person from Karnataka, who at the time of entry into Defence Service has declared as his Home Town, any place in Karnataka and who has a minimum of five years of active service anywhere in the country or abroad, including personnel belonging to Civil GI Coys ASC who were Civilian Class III or Class IV Government Servants and Border Roads Organisational Personnel;

Explanation. Ex-servicemen for the purpose of this clause includes personnel belonging to Civil GI Coys ASC who were Civilian Class III or Class IV Government Servants, and Border Roads Organisational Personnel, who became permanently disabled or were killed during hostilities:

Provided that candidates claiming reservation under this category shall indicate his preference at the time of interview either to consider his case under general merit or under reservation category;

(d) Candidates who are Physically Handicapped;

(e) Horanadu and Gadinadu Kannadigas:

Provided that the total number of seats allotted to Horanadu Kannadigas and Gadinadu Kannadigas either under reservation category or under general merit shall not exceed the extent specified by the State Government under this rule;

(f) Karnataka Students who have studied for not less than ten full academic years between the first standard and the qualifying examination in educational institutions situated in places in Karnataka having a population below 50,000 as per 1991 census;

(3) Seats shall be reserved for Scheduled Castes, Scheduled Tribes and other Backward Classes under "Free Seats" in the following manner.

(a) Out of the total number of seats available, reservation shall be made for the candidates belonging to Scheduled Castes, Scheduled Tribes and categories in each institution in accordance with the order issued in G.O. No. SWD/150/BCA/94, dated 17-9-1994 and other related orders issued from time to time;

(b) If sufficient number of candidates under clause (h) of sub-rule (1) Scheduled Castes, Scheduled Tribes and categories are not available such seats shall be filled by the other Karnataka Students of the same category;

(c) If any of the seats reserved for candidates belonging to Scheduled Castes/Scheduled Tribes, Categories-I are not filled due to the non-availability of eligible Karnataka Students of such groups, the reservation to that extent shall stand reduced and shall be open to other Karnataka Students.

Rule11 Reservation of seats for non-resident Indian Candidates

The Management of any Private aided or unaided institutions, as the case may be, may admit on the basis of merit, non-resident Indian or foreigners to the extent that may be specified by the Government from time to time for a course of study in an academic year and if it remains, unfilled, the management may fill up such seats, at its discretion from amongst others:

Provided that such admission shall only be against "Payment Seats."

Rule12 Selection Committee and its functions

(1) There shall be a Selection Committee constituted by the Government with the Director of Medical Education as the Chairman and such other members as may be specified. The Chairman also may invite specialist in the field as invitees to assist the Committee.

(2) The Selection Committee shall scrutinise all the documents required to be produced by the candidates under these rules and shall record its views in the matter.

(3) In all matters under sub-rule (2) above, the decision of the committee shall, subject to any general or special orders of Government in this regard, be final.

Rule13 Penalties

Where a candidate or his parents or guardian furnishes false or incorrect marks card or statement of marks or a certificate or an affidavit filed alongwith the application, such application shall be liable to be rejected and the seat, if any, given to such candidate shall be liable to be forfeited. Such candidates, his parents or guardian, as the case may be, shall also render themselves liable for both civil and criminal action. Where the Director considers that action should be taken under these rules for rejecting an application and forfeiting a seat, he shall pass appropriate orders after holding such enquiry as he deems necessary and after giving reasonable opportunity to the candidate and/or his parents or guardian concerned to make his representation.

Rule14 Fees

The Fees payable by the candidates in respect of "Free Seats or Payment Seats" shall be as determined by the Committee constituted by the State Government.

Rule15 General

(1) The management of any institution shall admit only the candidate allotted by the Director of Medical Education to a course of study in the institution against "Free Seats" or "Payment Seats" as the case may be.

(2) All selection to the "Free Seats" and "Payment Seats" shall be subject to the approval of the concerned University. Any refusal by the concerned University for admission after such verification as deemed fit by it, will not be the responsibility of the Government and no claims shall lie against the Government by the candidates concerned.

KARNATAKA SELECTION OF CANDIDATES FOR ADMISSION TO ENGINEERING, MEDICAL AND DENTAL COURSES RULES, 1997

In exercise of the powers conferred by sub-section (1) of Section 14 of the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 (Karnataka Act 37 of 1984) the Government of Karnataka hereby makes the following rules, namely:

Rule1 Title, commencement and applications

(1) These rules may be called the Karnataka Selection of Candidates for Admission to Engineering, Medical and Dental Courses Rules, 1997.

(2) They shall come into force on the date of their publication in the official Gazette.

(3) These rules shall apply to the Selection of candidates for admission to the following courses.

(A) In Engineering Institutions to the first year or first semester of both full-time and part-time;

(a) Bachelor of Engineering;

(b) Bachelor of Technology; and

(B) In medical and dental institutions, to the first year of:

(a) Bachelor of Medicine and Bachelor of Surgery;

(b) Bachelor of Dental Surgery.

(4) These rules shall not apply to candidates (including foreign candidates) sponsored by the Government of India, Ministry of Human Resource Development.

Rule2 Definitions

In these rules unless the context otherwise requires.

(a) "Aided Institution" means any institution which receives Grant-in-Aid from the Government;

(b) "Admission Centre" means a centre at which admission of candidates to various institutions are made;

(c) "Committee" means a committee constituted by the Government by order for determination or ceiling on the fee for free seats/payment seats in accordance with the decision of the Supreme Court in Unnikrishnan's case;

(d) "Director" means the Director of Technical/Medical Education in Karnataka as the case may be;

(e) "Entrance Test" means the "Common Entrance Test" (CET) conducted under these rules;

(f) "Ex-Servicemen" means a person who has served in any rank whether as a combatant or non-combatant in the regular army, navy or air force of the Indian Union.

(i) who retired from such service after earning his pension; or

(ii) who has been released from such service on medical ground attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or

(iii) who has been released, otherwise than on his own request, from such service as a result of reduction in establishment; or

(iv) who has been released from such service after completing the specific period of engagement, otherwise than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency and has been given a gratuity and includes personnel of the territorial army of the following categories, namely,

(a) pension holders for continuous embodied service;

(b) pension holders with disability attributable to military service; and

(c) gallantry award winners, excluding Defence Security Corps, General Reserve Engineering Force, the Lok Sahayak Sena and the Para Military Territorial Army other than those in sub-clause (iv): Provided that a person who has served for not less than 5 years and was honourably discharged prior to 1st July, 1987 will also be considered as an Ex-serviceman.

(g) "Freedom Fighter or Political Sufferer" shall have the same meaning as defined in G.O. No. ED 73 TEC 85, dated 27th November, 1985;

(h) "Free Seats" means

(i) All seats in the institutions established and/or administered by the State Government or the University;

(ii) Seats in the institutions where the State Government has been allotted such number of seats;

(iii) Ninety five per cent of seats in aided courses in aided institutions:

Provided that where there are courses in such aided institutions which are not covered under Grant-in-Aid, fifty per cent of the seats in such courses shall be Tree Seats';

(iv) Fifty per cent of the seats in all courses in the unaided institutions; other than the "Minority Institutions";

(v) Fifty per cent of the seats in all courses in the unaided minority institutions.

(i) "Institution" means any institution or college affiliated to an university in Karnataka and carrying on the activity of imparting education in Engineering, Technology (including electronics, Computer Science and Textiles), medicine or allied subjects such as dental surgery;

(j) "Intake" means the sanctioned strength of a course fixed by the Authority competent to fix such intake as on the date of issue of seat matrix;

(k) "Merit" means, merit as determined under Rule 9;

(l) "Non-Resident Indian" means.

(1) A citizen of India who has gone and stays outside India.

(i) for, or on, taking up employment outside India; or (ii) for carrying on a business or vocation outside India; or

(iii) for any other purposes, in such circumstances as would indicate his intention to stay outside India for an uncertain period;

(2) a person of Indian origin who has become a citizen of a foreign country either by birth or by domicile or by naturalisation and includes their children;

(m) "Payment Seats" means seats that remain after determination of the "Free Seats";

(n) "Pre-University Examination" means the second year Pre-University Examination conducted by the Pre-University Examination Board of the State of Karnataka;

(o) "Qualifying Examination" means the second year examination of the Pre-University course conducted by the Karnataka Pre-University Examination Board or the final year Diploma Examination of the Board of Technical Examination in Karnataka or any other qualifying examination declared as equivalent by the Government;

(p) "Repeater" means a candidate who was admitted to the relevant course in a particular college during any of the previous years within the intake, specified by the State Government and who.

(i) being unable to sit for a University examination for a particular semester/year and discontinued his studies with the approval of the Principal of that college for the valid reasons and on production of medical certificate and whose re-admission to the particular semester/year and putting attendance is essential under the regulations of the University to enable him to appear for the Examination;

(ii) had discontinued the course and desire to repeat in the same college/university; or

(iii) desires to repeat the semester/year to improve his sessional requirements in the same college/ University.

(q) "Seat Matrix" means statements showing college-wise, course-wise and category-wise break-up of seats as notified by the State Government for the relevant year;

(r) "Special Officer" means an Officer not below the rank of a KAS (Senior Scale) Officer or equivalent staff of State Civil Service appointed by Government in connection with conduct of Entrance Test;

(s) "Unaided Institution" means any privately managed institution which is not an aided institution.

Rule3 Academic Eligibility

(1) No person shall be eligible for admission to any of the full time degree courses specified in sub-rule (3) of Rule 1 unless he.

(a)

(i) has passed the second year Pre-university or XII standard or equivalent examination in the annual exams immediately preceding the Entrance Test or earlier with Physics, Chemistry and Mathematics in respect of Engineering courses and Physics, Chemistry and Biology in respect of medical and dental courses as optional subjects and English as one of the languages and has obtained not less than fifty per cent bf the aggregate marks or equivalent grade in the optional subjects:

Provided that the minimum marks for the purpose of eligibility shall be forty (40) per cent of the aggregate in the optional subjects in case of candidates belonging to scheduled castes and scheduled tribes and category-I of other backward classes specified in the relevant Government Order for the purpose of reservation; and

(ii) has appeared for three subjects viz., Physics, Chemistry and Mathematics or Physics, Chemistry and Biology as the case may be in the Entrance Test conducted under these rules;OR

(b)is a holder of 'Diploma'in the appropriate branch of Engineering specified in the schedule to these rules, granted by the Board of Technical Examinations in Karnataka or equivalent qualification and has obtained not less than fifty per cent of the total maximum marks in the final examinations excluding internal assessment marks leading to the said diploma:

Provided that the minimum marks for the purpose of eligibility shall be forty per cent in the case of candidates belonging to Scheduled Castes, Scheduled Tribes and Category-I specified in the relevant Government Orders for the time being in force:

Provided further that a holder of Diploma is eligible only for admission to the seats reserved for Diploma holders;

(c) has completed 17 years of age as on 31st December of the year of admission in respect of admission to Medical and Dental courses.

(2) No person shall be eligible for admission to part-time course to first year or first semester of Bachelor's degree in Engineering/ Technology or Architecture unless.

(a)he is a holder of 'Diploma' in appropriate branch of Engineering specified in the schedule to these rules granted by the Board of 'Technical Examination' in Karnataka securing not less than fifty per cent of the total maximum marks in the final examination leading to the said diploma excluding internal assessment marks:

Provided that the minimum marks for the purpose of eligibility shall be thirty five per cent in the case of candidates belonging to Scheduled Caste, Scheduled Tribes and Category-I specified in the Government Order for the time being in force:

(b) he has, on the first September of the year of admission not less than one year professional experience in the branch of Engineering/Technology in which he holds a diploma. Explanation. Professional experience means experience earned by the candidates working under Government Registered Class I contractors of the Public Works Department, Government Registered Class I contractors of the Electrical Department for the respective courses and certified to that effect from the contractor concerned;OR

(c) he possesses the qualification specified in clause (a) and is employed in a factory or an industrial concern or a technical establishment recognised or registered in accordance with any law for the time being in force or the rules made thereunder and has obtained a 'No objection certificate' from his employer.

(3) The candidate applying for a part-time course must have been employed in an establishment situated in and around the Urban Agglomeration Area of the city in which the College is situated and the distance between the college and place of working should not exceed 16 Kms. from the city.

(4) Besides fulfilling the eligibility conditions specified in sub-rules (1) and (2), no person shall be eligible for selection under 'free seats' unless he is a citizen of India.

Rule4 Sharing of free and payment seats

(i) All the free medical, dental and engineering seats in Government/University/Karnataka Regional Engineering College/Aided/Unaided colleges excluding minority institutions; shall fall to the share of the State Government and shall be allotted in accordance with the procedures prescribed under these rules;

(ii) In respect of minority institutions the free seats which constitute fifty per cent of the total seats shall be divided equally between the State Government and the managements;

(b) All the payment Engineering seats shall be divided between the State Government and Managements of private aided and unaided institutions in the following manner.

(i) in respect of private aided institutions all the payment seats which constitute five per cent of total seats in that institution shall fall to the share of the management as NRI seats;

(ii) in respect of private unaided institution other than minority institutions, out of the payment seats which constitute fifty per cent of the total seats forty five per cent shall fall to the share of State Government and remaining five per cent to the share of the management as NRI seats;

(iii) In respect of minority institutions twenty five per cent of the total seats shall fall to the share of the State Government as payment seats and twenty per cent of the total seats to the share of Management as payment seats and five per cent of the total seats as NRI seats;

(c) All the payment medical and dental seats shall be shared between the State Government and the private managements in the following manner.

(i) In respect of private medical and dental colleges thirty five per cent of total seats shall fall to the share of the State Government and remaining fifteen per cent shall fall to the share of the managements as NRI seats;

(ii) In respect of minority institutions twenty five per cent of the total seats shall fall to the share of the State Government, fifteen per cent of total seats to the share of the management and remaining ten per cent as NRI seats.

Rule5 Karnataka and Non-Karnataka Quota

(a) The Karnataka quota shall comprise of payment seats allocated to Karnataka quota under Rule 6 and all the free seats falling to the share of State Government; except.

(i) Seats reserved for the nominees of Government of India;

(ii) Seats reserved for the candidates selected through all India Entrance Examination;

(b) The Non-Karnataka quota shall comprise of the payment seats only allocated under Rule 6.

Rule6 Allocation of payment seats falling to the share of the State Government

(a) Forty five per cent of Engineering seats falling under Payment category and available in Private Unaided Institutions, other than minority Institutions, shall be allocated to Karnataka quota. Seats remaining unfilled after admissions to Karnataka quota shall be allocated to Non-Karnataka quota, subject to a Maximum of Fifteen per cent of the Payment seats;

(b) Twenty five per cent of Engineering seats falling under payment category and available in Minority Institutions shall be allocated to Karnataka quota;

(c) Thirty five per cent of Medical and Dental seats falling under payment category and available in Private Institutions, other than minority Institutions, shall be allocated to Karnataka quota. Seats remaining unfilled after admissions to Karnataka quota shall be allocated to Non-Karnataka quota, subject to a maximum of Fifteen per cent of the Payment seats;

(d) Twenty five per cent of medical and dental seats falling under payment category and available in minority institutions shall be allocated to Karnataka quota.

Rule7 Eligibility for Karnataka quota seats

All free and payment Karnataka quota seats shall be filled by candidates who satisfy one of the following conditions; namely.

(i) a candidate should have studied and passed in one or more Government or Government recognised educational institutions located in the State of Karnataka for a minimum period of seven academic years commencing from I Standard to II PUC/12th Standard as on 1st July of the year in which the Entrance Test is held and should have appeared and passed SSLC/10th Standard or II PUC/12th Standard examination from Karnataka State:

Provided that candidate who takes more than one year to pass a class or standard, the years of academic study is counted as one year only;

(ii) a candidate should have studied and passed I and II year Pre-University Examination or equivalent examination within the State of Karnataka from an Educational Institution run or recognised by the State Government and that either of his parents should have bom and studied or resided in Karnataka for a minimum period of seven years;

(iii) in the case of a candidate whose mother tongue is Kannada or Tulu or Kodava and who is residing outside the State of Karnataka but within the territory of India as on 1st July of the year in which the Entrance Test is held such candidates should have passed the qualifying examination from an University or Board or any other Institution located outside Karnataka:

Provided that the candidate shall undergo a simple test to prove his ability to speak, read and write Kannada;

(iv) the candidate's mother tongue is Kannada or Tulu or Kodava and who resides in disputed Kannada speaking area of South Sholapur or Akkalkot or Jath or Gadhinglaj Taluks of Maharashtra State or Kasargod Taluk of Kerala State:

Provided that the candidate shall undergo a simple test to prove his ability to speak, read and write Kannada;

(v) in the case of a candidate who is son or daughter of a defence personnel who worked continuously in Karnataka as on any day for a minimum period of one year from 1st July of the previous year to 30th June of the year of admission. The candidate should have passed the qualifying examination from an educational institution in Karnataka run or recognised by the State Government;

(vi) son or daughter of serving defence personnel who at the time of joining the defence service had declared his/her home town a place in the State of Karnataka. Proof of such domicile having been produced by obtaining the extract from the Record Office of the Defence Unit.

(vii) in the case of a candidate who is a son or daughter of a defence personnel who had served in Karnataka for at least one year and is posted on duty directly to the disturbed areas of Jammu and Kashmir or North-East and whose family is permitted by Defence Authorities to continue to stay in Karnataka, and such candidate has passed the qualifying examination from an Educational Institution in Karnataka run or recognised by the State Government;

(viii) son or daughter of an Ex-serviceman who at the time of joining the defence service had declared a place in Karnataka as his home town, proof of such domicile having been produced from the Rajya Sainik Board;

(ix) in the case of a candidate who is son or daughter of employee of Union or State Government undertakings who has worked continuously for at least one year in Karnataka as on any day from 1st July of the previous year to 30th June of the year of admission, and such candidate has passed the qualifying examination from any Government or Government recognised Educational Institutions located in Karnataka;

(x) Son or daughter of a working or retired employee of the Union Government or employee of Union or State Government undertaking or Joint Sector undertaking where such employee.

(a) had declared to the employer at the time of joining service any place in Karnataka to be his home town; and

(b) had studied in any educational institution in Karnataka run or recognised by the State Government for not less than Seven years at any time between 1st standard and 12th standard or Pre-University Examination;

(xi) son or daughter of Members of Parliament elected from Karnataka;

(xii) son or daughter of serving or retired employee;

(a) belonging to All India Service of Karnataka cadre; and

(b) of the State Government who has served or serving outside the State of Karnataka during the period corresponding to candidate's study outside the State from I standard to II PUC or XII standard examination.

(xiii) son or daughter of a Non Resident Indian of Karnataka origin as well as son or daughter of a person of Karnataka origin bom abroad and who has become a foreign national:

Provided that he or she is eligible only for a payment seat.

Rule8 Eligibility for Non-Karnataka quota seats

The Non-Karnataka quota seats shall be filled by candidates who do not satisfy any of the conditions laid down under Rule 7

Rule9 Determination of Merit

(1) The merit of the candidates except NRI and Foreign Nationals of Karnataka Origin specified in clause (xiii) of Rule 7, who are eligible and are seeking a seat under Karnataka quota, shall be determined by taking the marks obtained in the Entrance Test and optional subjects in the qualifying examination in equal proportions:

Provided that the merit of the NRI and Foreign National students of Karnataka origin shall be determined solely by taking the marks obtained in Entrance Test:

Provided further that where the merit of two or more candidates is the same, the inter se merit shall be determined with reference to the marks obtained in the Entrance Test in mathematics in the case of Engineering and allied courses and in biology in the case of medical and allied courses and where the marks obtained in such cases are equal then the inter se merit shall be determined on the basis of the marks obtained in physics in the case of Engineering courses and in Chemistry in the case of medical courses and where the marks obtained are equal again the inter se merit shall be determined on the basis of the age of the candidate, the older candidate placed above the younger.

Explanation. For the purpose of this rule optional subjects means physics, chemistry and mathematics for the courses specified in clause (A) of sub-rule (3) of Rule 1 and physics, chemistry and biology specified in clause (B) of sub-rule (3) of Rule 1.

(2) The merit of the candidates eligible and seeking a seat under Non-Karnataka quota shall be determined solely on the basis of marks obtained by them in the Entrance Test.

(3) The inter se merit determined under sub-rule (1) shall be the basis for the merit list of candidates claiming benefit of reservation under Rule 14.

(4) In respect of candidates possessing diploma in the relevant Branch of Engineering specified in column (2) of the schedule, the method of selection for admission to courses specified in column (3) thereof shall be on the basis of the marks obtained in the final examination leading to the diploma excluding internal assessment marks:

Provided further that in case of Diploma candidates the merit shall be determined on the basis of final year Diploma Examination marks or last two semester examination marks as the case may be and where the merit of two or more candidates is the same the inter se merit shall be determined with reference to the marks obtained in the second year Diploma Examination. If marks obtained in the second year Diploma Examination is same, then the inter se merit shall be determined with reference to the marks obtained in I year Diploma Examination. If this is also same the inter se merit shall be determined on the basis of the age of the candidate. The older candidate placed above the younger.

Rule10 Procedure for calling of Application for Entrance Test, etc

The procedure for the selection of candidates for admission to institutions shall be as follows.

(1) The "Special Officer" shall publish on the notice board of his office and in such other office as he may think fit and also by giving publicity in atleast one Kannada and one English newspapers having wide circulation in the State and call for duly completed applications for taking the Entrance Test and admission to Engineering and Technology or medical or dental courses. All seats in all the institutions in the State giving briefly such information as particulars of courses, the number of seats available, the names and location of the institutions, the fees chargeable by each institution, minimum eligibility conditions, Reservation of seats, the method of admission, the place where the prescribed application form along with the brochure containing the above details will be available and such other information as he considers necessary and fixing the last date and time for receipt of the application. Different dates may be fixed regarding the issue of the blank application forms and the receipt of completed application forms for different categories of application. No such application shall be entertained after the last date or dates so fixed.

(2) Separate application forms may be prescribed for different categories of applications as also for full time and part-time courses. The Special Officer shall also indicate the various certificates, Affidavits, marks cards, etc., which will be required to be produced at the time of admission to an institution after selection. The application shall also be the application for taking the Entrance Test as prescribed in these rules.

(3) A candidate possessing qualification declared as equivalent to the Karnataka Pre-University Examination shall produce at the time of his admission, copy of the order in which such qualification has been declared as equivalent to the said Pre-University' Examination or an eligibility certificate of the concerned University in Karnataka.

(4) Applications whenever called for should be legally and properly filled strictly as per the instruction given to the candidates. Where the required certificates and affidavits as specified are not enclosed such applications shall be liable to be rejected.

(5) The Special Officer shall enter the details of every application received by him upto last date fixed for receipt of applications irrespective of whether it is valid or invalid under these rules in a register. This register shall be called the Register of Applications Received.

Rule11 Conduct of Entrance Test

(1) An Entrance Test shall be conducted by a Committee called the Entrance Test Committee constituted by the Government which shall consist of:

(a) A Vice-Chancellor of any University in Karnataka nominated by the Government-: Chairman

(b) Director of Medical Education in Karnataka, Bangalore-: Member

(d) Director of Technical Education in Karnataka, Bangalore-: Member

(e) Special Officer, Common Entrance Test Cell, Bangalore-: Member Secretary

(2) The Entrance Test Committee shall take decisions from time to time on the following aspects of the Entrance Test, namely.

(a) Pattern of the question papers which should be in English and in Kannada and which should as far as possible consist of objective type of questions;

(b) Fixing up of maximum marks for each paper;

(d) Syllabus content which shall not be more than the syllabus of II year Pre-University course of Karnataka and the questions to elicit the aptitude of the candidate;

(e) Centres for conducting the test;

(f) Fixing dates and rime for conducting the test;

(g) Date of announcement of results;

(h) Norms for payment of remuneration for different items of work connected with Entrance Test;

(i) Approval of merit list of the Entrance Tests for Engineering, medical and dental colleges;

(j) General guidelines and directions in regard to all matters connected with the conduct of the test;

(k) Appointment of Chief Superintendent, Deputy Chief Superintendents for each examination centre;

(l) Appointment of Supervisors, invigilators for each centre of the examination;

(m) Appointment of paper-setters, moderators, printing presses and other matters connected with preparation of question papers;

(n) Requiring the production of such particulars or documents or papers from the candidates as may be deemed necessary from time to time;

(o) Such other issues as may be referred to it by its Chairman or Government from time to time.

(3) The Chairman of the Committee shall preside over the meetings of the Committee.

(4) The Member-Secretary shall take directions from the Chairman and the Government in discharging his duties in connection with the Entrance Test. He shall be responsible for arranging the following matters.

(a) Printing of application forms, instructions to candidates, admission tickets and various other registers, forms, cards, etc.;

(b) Issuing the notification about the Entrance Test;

(d) Confidential printing of question papers and transport to Treasury or Sub-Treasury for safe storage;

(e) Coding and decoding of answer scripts, if necessary;

(f) Appointment of examiners if necessary for the evaluation of answer scripts in consultation with the Chairman;

(g) Arranging for computerisation of various matters in connection with the Entrance Test; and

(h) Payment of remuneration for various items of work related to the Entrance Test and maintaining of accounts.

(5) The Deputy Commissioner of the District in which the Entrance Test Centre is notified by the Committee shall be incharge of the conduct of the Test at such centres. The Deputy Commissioner of the District shall be the Chief Superintendent for all the Test Centres in the District. He shall be assisted by the Deputy Chief Superintendent at each centre appointed by the Committee. The Deputy Commissioner shall be responsible for.

(a) Appointing observers not below the rank of the Assistant Commissioner for each centre who shall report the irregularities if any to the Deputy Commissioner;

(b) Arranging the procurement of the sealed packets of question papers and their safe storage in the Treasury or sub-Treasury;

(d) Arranging for the conduct of the Test on the dates and times notified by the Committee in accordance with the directions

(e) Arranging the storage of the sealed bundles as may be prescribed by the Committee and hand over the same to an Officer designated by the Member-Secretary;

(f) Such other matters as may be required by the Committee; and

(g) Duties of Deputy Chief Superintendents and other staff shall be as may be specified by the Committee.

Rule12 Preparation and Publication of General Merit List

(1) The Entrance Test Committee constituted under sub-rule (1) of Rule 11 shall prepare separate general merit lists for Karnataka quota and Non- Karnataka quota seats. Separate merit lists for medical and dental courses and Engineering courses shall be prepared of all the eligible candidates who have appeared for the Common Entrance Test in accordance with Rule 9 and cause publications of the said lists in the notice board of all the Universities in the State, the Office of the Directors of Medical/Technical Education of various States/Union Territories and such other public places as may be determined by the said committee. Wide publicity shall be given regarding publication of these lists.

(2) Separate merit lists of candidates claiming benefit of reservation under Rule 14 wherein the number of eligible candidates in any particular category is less than the seats reserved shall be prepared according to their inter se merit in the general merit list determined under Rule 9.

(3) The appearance at the Entrance Test does not entitle the candidate to be considered for admission automatically unless the candidate satisfies all the conditions of admission requirement stipulated in these rules.

(4)

(i) In case of Diploma the Director of Technical Education shall publish on the Notice Board of his office and in such other offices as he may think fit and also by giving publicity in atleast one Kannada and one English News papers having wide circulation in the State giving briefly such information as particulars of courses as free seats/payment seats out of the percentage of seats prescribed by Government. The Director of Technical Education shall call for duly completed applications for admission to full time degree course by fixing the last date and time for receipt of applications. Different dates may be fixed regarding the issue of the blank application forms and the receipt of completed application forms, different categories of application. No application shall be entertained after the last date or dates so fixed. The Director shall also indicate the various certificates, affidavits, marks card etc., which will be required to be produced at the time of admission on to an institution after selection. And selection of candidates shall be made according to merit categorywise;

(ii) A candidate possessing qualification declared as equivalent to Diploma awarded by the Board of Technical Examination, Karnataka shall produce eligibility certificate obtained from Board of Technical Examination, KarnatakaState;

(iii) Application whenever called for should be legibly and properly filled, strictly as per the instruction given to candidate, where the required certificate and affidavit as specified are not enclosed such application shall be liable to be rejected;

(iv) The candidates shall indicate clearly in the application form the space provided therein, their preference to- Colleges and courses as regards to free seats and whether they wish to be admitted against Payment seats and preference to Colleges and courses in this regard;

(v) The Director shall enter the details of every application received by him to the last date fixed for receipt of application irrespective of whether it is valid or invalid under these rules in a register. The register shall be called 'Register of application' received;

(vi) The Director shall prepare list of all eligible candidates in the order of merit as specified in the provision of Rule (6) which shall be the basis for allotment for free and payment seats.

Rule13 Publication of seat matrix and admission Schedule

(a) The Government shall notify the seat matrix not later than one week from the date of declaration of merit list by the Entrance Test Committee;

(b) Any increase in intake or introduction of new courses in any institution after the notification of the seat matrix for the relevant year shall not be taken into account for the purpose of admission under these rules;

(c) After the publication of the general merit lists under sub-rule (1) of Rule 12 the Special Officer shall, for the purpose of admission, cause publication of details as to the place, dates, time, category, rank number etc., in respect of such allotment in one or more leading newspapers having wide circulation in the State for the information of the intending candidates;

(d) The Special Officer shall display conspicuously at the admission centre full and comprehensive details regarding the seats being filled through the Entrance Test against "Free Seats" and "Payment Seats" in the various institutions and the courses referred to in sub-rule (3) of Rule 1. Each day a specified number of candidates shall be called by the Special Officer based on inter se merit and reservation.

Rule14 Reservation of seats under "Free Seats

(1) Seats shall be reserved under 'Free Seats' in favour of the following categories of candidates and to the extent specified by the State Government from time to time.

(a) Candidates who possess at least 'B' Certificate under NCC obtained during the five years period between 8th and 12th Standards;

(b) Candidates who have represented the country at international games or sports or who have represented the Karnataka State in the National level events in games or sports listed in Schedule II during five years period between 8th and 12th Standards;

(c) Candidates who as Scouts/Guides have received the "President's award during five years period between 8th and 12th standards;

(d) Son or daughter of freedom fighters (Political Sufferers) as specified in the G.O. No. ED 73 TEC 85, dated 27th November, 1985 as amended from time to time;

(e) Son or daughter of Defence Personnel: Explanation. Subject to the conditions laid down in clauses (v), (vi) and (vii) of Rule 7, Defence Personnel for the purpose of this clause means a person in Defence Service including Personnel belonging to Civil GT COYS, ASC who were Civilian Class 'III' or Class TV Government servants "and border roads organisational personnel". (According to vide Notification No. ED 189 TGL 94, Bangalore, dated 29-7-1994).

(f) Son or daughter of Ex-Servicemen; Explanation. Ex-Servicemen for the purpose of this clause includes personnel belonging to Civil GT COYS, ASC who were Civilian Class III or Class IV Government Servants, who became permanently disabled or were killed during hostilities.

(g) Candidates who are physically handicapped;

(h) Candidates from Anglo-Indian Community;

(i) Candidates possessing diploma in the relevant branch of Engineering specified at column (2) of the schedule for admission to Engineering courses specified in column (3) therein:

Provided that while filling free seats not less than thirty per cent of the seats falling under the area of any University established under the Karnataka State Universities Act, 1976 shall be filled from amongst the candidates from the respective University area, on the basis of merit.

(2) Out of the total number of free seats available in full time courses after deducting the total number of seats reserved under sub-rule (1) reservation shall be made in favour of candidates belonging to the scheduled castes, scheduled tribes and other backward classes of citizens under categories I, II-A, II-B, III-A, III-B in accordance with Government Order No. SWL 251 BCA 94, dated 31st January, 1995: Provided that only candidates of Karnataka origin (other than those referred to under clauses (iii) and (iv) of Rule 7) shall be eligible to claim the benefit of reservation under this sub-rule.

(3) Seats shall be reserved in favour of candidates who have studied for not less than ten full academic years between the first standard and the qualifying examination in Educational Institutions situated in places in Karnataka having a population below "Fifty thousand" (According to vide Notification No. ED 189 TGL 94, Bangalore, dated 29-7-1994) as per 1991 Census.

(4) The inter se merit determined under Rule 9 shall remain the same for the purpose of eligibility and benefit of reservation under this rule.

(5) Adoptions/separations made legally two years prior to the first notification of the Common Entrance Test for the year of admission shall only be considered. Copies of such registered deeds shall be produced in support of such claims made by a candidate for determining the eligibility for reservation under Rule 14. Adoption by a person belonging to Scheduled Caste/Scheduled Tribe, Categories I, II(A), II(B), III(A), III(B) of other backward classes specified in relevant Government order of a person not belonging to such castes or groups shall not be recognised.

(6) If any seat reserved in favour of candidates belonging to any of the categories referred to above is not filled up due to non-availability of eligible candidate belonging to such category the reservation to that extent shall stand reduced and shall stand transferred to the general merit category.

Rule15 Reservation of seats for Non-Resident Indian Candidates. The management of any private aided or unaided institutions, as the case may be admit on the basis of merit

(i) Non-Resident Indians or Foreigners to the extent of not more than fifteen per cent of the intake "in medical and dental colleges";

(ii) Non-Resident Indians and Foreigners to the extent of not more than five per cent of the intake "in Engineering Colleges":

Provided that such admission shall only be against 'Payment Seats', provided further that if any seats remain unfilled in respect of non-resident Indians or foreigners, the management may fill up the seats, at its descretion from amongst others".

Rule16 Exercising the option by the Candidates and Admission

The candidates shall be allowed to exercise the option and select a seat of their choice strictly in the order of their merit in two stages viz.,

(1) Preliminary round; and

(2) Admission round.

Rule17 Preliminary Round

(i) The candidates shall be allowed to select a seat from among the seats available at the time of selection, displayed using an electronic display board or using a projector linked to a computer which is programmed to account for the on-going selections and balance seats available college-wise, course-wise as per the seat matrix;

(ii) The candidates shall be given separate opportunities to select seats from the medical/dental discipline and the engineering discipline if eligible under both the disciplines. A candidate who has selected a seat in one discipline shall surrender the seat, before selecting a seat in another discipline at a later stage;

(iii) The candidate shall give his choice of seat in writing and in return the Special Officer shall deliver him a 'Confirmation Slip' containing the details of the institutions, course-allotted and also the category of the seat;

(iv) The candidate shall pay the fee prescribed for the first year through a crossed Demand Draft made payable to the Special Officer, Common Entrance Test Cell, at Bangalore and shall produce all the relevant original documents for verification. The Special Officer shall cause verification of all the original documents produced by the candidates;

(v) Before the candidates belonging to general merit category select their seats, candidates claiming reservation benefit under Rule 14 and whose number is less than the number of seats reserved and who are included in the merit list prepared under sub-rule 2 of Rule 12 shall select seats of their choice from among the seats reserved for the respective categories. The candidates belonging to these categories shall have later the opportunity to select a seat under general merit category. Seats which remain unfilled under these categories shall be transferred to the general merit category and offered in the preliminary round itself;

(vi) No candidate seeking reservation for admission under sub-rule(2) of Rule 14 shall be allowed to participate in the preliminary round or admitted to any institution unless he produces a "Validity Certificate" obtained under Rule 7 of Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment, etc.,) Rules, 1992 before admission;

(vii) The candidates claiming reservation benefits under sub-rule (1) of Rule 14 shall produce original documents in support of their claim to the Special Officer within the date notified by him. The Special Officer shall for scrutiny and confirmation refer the original documents of the candidates claiming reservation under.

(a) N.C.C. to the Director of NCC Karnataka;

(b) Sports. to the Director/Commissioner of Youth Services and Sports, Karnataka;

(d) Political Sufferers. to the Secretary to Government, Department of Personnel and Administrative Reforms (DPAR), Government of Karnataka;

(e) Physically Handicapped. to the Director of Medical Education, Karnataka;

(f) Defence. to the Officiating Education Officer (HQ), Karnataka, Kerala and Goa sub-Area, Bangalore;

(g) Ex-Defence. to the Director of Sainik Welfare Department, Karnataka;

(h) Anglo-Indian. to be nominated by Anglo-Indian MLA:

Provided that a candidate claiming a seat under 'Physically Handicapped category' shall appear before a committee comprising of the Special Officer as the Chairman and two specialists nominated by the Director of Medical Education, Bangalore and the decision of the Committee shall be final;

(viii) Free seats reserved in favour of candidates under Rule 14 which remain unfilled after the completion of the preliminary round shall be transferred to the general merit category at the commencement of the admission round.

Rule18 Admission Round

(i) A candidate shall in the order of merit be allowed to confirm the seat already selected by him in the preliminary round if he is satisfied with it or surrender and select another seat which is available when his turn comes;

(ii) If the candidate confirms the seat selected by him in the preliminary round, then the Special Officer shall satisfy himself that the candidate has paid the requisite fees in the form of a Demand Draft and has also produced all the necessary documents in original and thereafter issue an admission order to the candidate;

(iii) In case the candidate surrenders the seat selected by him in the preliminary round when his turn comes for confirmation or earlier to that, then the Special Officer shall return the original documents and also refund the fees paid by him;

(iv) If the candidate surrenders the seat selected by him in preliminary round and selects another seat when his turn comes, then the Special Officer shall satisfy himself that the necessary original documents have been produced by the candidate and also the requisite fees has been paid in the form of Demand Draft and thereafter issue an admission order to the candidate;

(v) A candidate who had not availed the opportunity of selecting a seat in the preliminary round shall have the opportunity of selecting a seat in the admission round, from among the seats, vacant and available when his/her turn comes. He shall produce all the original documents for verification and requisite fees in the form of Demand Draft;

(vi) A seat surrendered by a candidate when his/her turn comes in the admission round or earlier shall be added to the seat matrix immediately and offered to the other candidates;

(vii) A seat surrendered or forfeited by a candidate who had obtained the admission order after complying with all the formalities shall be treated as 'casual vacancy';

(viii) Soon after the completion of admission round the Special Officer shall publish in the premises of CET Cell a list containing the details of all the casual vacancies that arise till the date of publication of such a list. A notification shall be published in at least two newspapers with wide publication in the State announcing the publication of such a list;

(ix) Candidates who have already selected and received admission orders in any of the disciplines shall not be eligible to seek allotment of casual vacancy seats;

(x) Candidates who have not selected Medical/Dental or Engineering seats in, the admission round shall be eligible to select the casual vacancy seats in the order of their inter se merit;

(xi) If a candidate after having received the admission order and before last day of the admission round surrenders or forfeits a seat he shall forfeit 50% of the fees paid at the time of admission;

(xii) A candidate who had received the admission order does not surrender or fails to report to the college of admission till the last day of the admission round, forfeits the entire amount paid as fees;

(xiii) After the last date fixed for the candidates to join the institutions which they are admitted, the Principal of the respective institutions shall send the list of candidates who have joined, to the Special Officer within one week therefrom;

(xiv) After the closing date for admission as fixed by the Government is over a reconciliation meeting regarding the number of unfilled and unallotted seats shall be held between the CET Cell, the Directorate of Technical Education, Directorate of Medical Education and the respective Colleges and after identifying the vacant seats, issue notification regarding such seats by the concerned Directors. Such seats shall be filled by the Colleges";

(xv) No candidate seeking reservation for admission under sub-rule (2) of Rule 14 shall be admitted to any institution unless he produces a "Validity Certificate" obtained under Rule 7 of Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointment, etc.) Rules, 1992 at the time of allotment.

Rule19 Penalties

(i) Where a candidate or his parents or guardian furnishes false or incorrect marks card or statement of marks or a certificate or an affidavit filed along with the application such application shall be liable to be rejected and the seat if any, given to such candidate shall be liable to be forfeited. Such candidate, his/her parents or guardian as the case may be shall also render themselves liable for both civil and criminal action;

(ii) Where the Special Officer considers that action should be taken under these rules for rejecting an application and forfeiting a seat he/she shall pass appropriate orders after holding such enquiry as he deems necessary and after giving reasonable opportunity to the candidate and/or his parents or guardian concerned to make his representation.

Rule20 Fees

The fees payable by the candidates in respect of 'free seats' or 'payment seats' shall be as determined by the committee constituted by the State Government.

Rule21 Procedure for Selection of Candidates to Diploma quota in Full Time Courses and Part-time Degree Courses in Engineering

(1) The procedure for selection of candidates to Diploma quota in full-time courses and part-time courses in Engineering shall be as follows. The Director of Technical Education shall publish on the notice board of his and such other Offices as he may think fit and also by giving publicity in atleast one Kannada and one English Newspapers having wide circulation in the State and call for duly completed applications for admission to part-time Engineering degree courses by fixing the last date and time for receipt of application. The Director or Principal of the concerned institution shall enter the details of every application received by him upto the last date fixed for receipt of applications in a Register called 'Register of application received'. He shall prepare or cause to prepare a list of all eligible candidates in the order of merit as specified in the proviso to Rule 9 which shall be the basis for allotment of seats subject to sub-rule (2) of Rule 14.

(2) For part-time B.E. admission out of the total seats, there shall be two groups namely Group 1 consisting of 70 per cent of the seats for candidates specified at clause (1) of Rule 3 who fulfill the conditions specified under sub-rule (2) of Rule 3 and Group II consisting of remaining 30 per cent seats for candidates fulfilling the conditions specified under sub-rule (2) of Rule 3:

Provided that all candidates under either Group I or Group II with 35 per cent marks determined as per the proviso to Rule 6 shall be eligible for admission to part-time Engineering Degree courses specified in Column 3 of the. schedule if they have more than six years but less than ten years of professional experience as specified in explanation to clause (b) and subject to clause (c) of sub-rule (2) or Rule 3:

Provided further that 10 per cent of the seats under Group II shall be reserved for those candidates with more than ten years professional experience as specified in the explanation to clause (b) and subject to clause (c) of sub-rule (2) of Rule 3.

Explanation. If sufficient number of candidates under this category are not available, the reservation to that extent shall stand reduced to be filled by other eligible candidates under Group II.

Rule22 Appeal

(1) Any person aggrieved by any orders or decisions of the Special Officer under these rules may within fifteen days from the date of such order or decision appeal to the State Government.

(2) The State Government may after holding such enquiry as it deems fit shall dispose the appeal.

Rule23 General

(1) The management of any institution shall admit only the candidates nominated or allotted by the Special Officer to a course of study in the institution against 'free seats' or 'payment seats' as the case may be.

(2) All selections to the free seats and payment seats shall be subject to the approval of the concerned university. Any refusal by the concerned university for admission after such verification as deemed fit by it will not be the responsibility of the Government and no claims shall lie against the Government by the candidates concerned.

(3) All admissions (including CET and Diploma quota) made by the Colleges shall be subject to approval of the Director of Technical Education before submitting to University.

Rule24 Repeal and Savings

(1) Karnataka Selection of Candidates for Admissions to Medical, Dental and Engineering Courses Rules, 1993 are hereby repealed.

(2) Notwithstanding such repeal any action taken or made or orders issued under the repealed rules shall be deemed to have been made, taken or issued under these rules.

SCHEDULE 1 Equivalence of Diplomas for admission to First Year Bachelor of Engineering/Bachelor of Technology and Bachelor of Architecture Courses

SCHEDULE I

Equivalence of Diplomas for admission to First Year Bachelor of Engineering/Bachelor of Technology and Bachelor of Architecture

Courses

Sl.No.

Diploma Holders in

To be admitted to first year B.E.

Ceramics Technology

Cement and Ceramics

II.

Civil Engg. (General)

Civil Engineering

(Draftsmanship)

Civil Engg. (PHE)

Architecture

Architectural Assistantship

Civil Engg. (General)

Transportation Engg.

Architecture Environmental Engg.

III.

Mechanical Engg. (General)

Automobile Engg.

Mech. Engg. (HPT)

Mech. Engg. (MTT)

(e) Mech. Engg. (W and SM)

Mech. Engg. (JT)

(g) Heat Power Tech. Machine Tool Tech. Welding and Sheet Metal. Instrumentation Technology (Mech.)

(a) Mechanical Engg. (General)

(b) Industrial Production

(d) Automobile Engg.

IV.

Tool and Dye-Making from NTTF (should have passed Maths and Science subjects of Diploma course of Board of Technical Ex-mination of Karnataka)

(b) Horological Engg.

(a) Industrial Production

(b) Manufacturing Engineering

Metallurgy

VI.

Instrumentation Technology (Electronics)

Bio-Medical Engg.

Instrumentation Technology

(Electronics)

VII,

Electronics and Communication Telecommunication

(Electronics)

Telecommunication

(Sound and T.V)

Electronics and Communication

Telecommunication Engg.

(Electronics)

Electronics

Medical Electronics

VIII.

Mining and Mine surveying

Mining

IX.

Textile Technology

Polymer (Rubber) Polymer Technology

Silk Technology

Polymer (Plastic)

XI.

Chemical Engineering, Paper, Technology, Sugar Technology

Printing Technology

XII.

Computer Science

Information Technology

Computer Science

XIII.

Electrical Engineering

Electrical and Electronics

Engineering

Electrical Engg.

Electrical and

Electronics Engg.

SCHEDULE 2 List of Events for the purpose of Rule 14(1)(b)

SCHEDULE II

List of Events for the purpose of Rule 14(l)(b)

1. Olympics

2. World meets

3. Asiad

4. Asian Championship

5. Commonwealth Games

6. International meets including S.A.F. Games

7. All India Rural meet

8. All India Womens meet

9. All India Inter Zonal meets

10. National School Federation of India

11. National meet conducted by the recognised following federation.

1. Amateur Kabaddi Federation of India

2. Ball Badminton Federation of India (Doubles and Singles)

3. Judo Federation of India

4. Archery Association of India

5. Basketball Federation of India

6. Cycling Federation of India

7. Gymnastic Federation of India

8. Kho-Kho Federation of India

9. Softball Association of India

10. Tennikoit Federation of India (Doubles and Singles)

11. Women's Cricket Association of India

12. All India Chess Federation of India

13. Table Tennis Federation of India (Doubles and Singles)

14. Women's Football Federation of India

15. Throwball Federation of India

16. Indian women's Hockey Federation

17. All India Football Federation

18. Swimming Federation of India

19. Volleyball Federation of India

20. Wrestling Federation of India

21. Rowing Federation of India

22. Taekwonda Federation of India

23. Indian Weight lifting Federation

24. Yachting Association of India

25. Indian Hockey Federation

26. All India Carrom Federation

27. All India Lawn Tennis Association (Doubles and Singles)

28. Ameteur Athletic Federation of India

29. Billiards and Snooker Federation

30. Indian Amateur Boxing Federation

31. Indian Power lifting Federation

32. Amateur Handball Federation of India

33. Badminton Association of India (Doubles and Singles)

34. Board of Control for Cricket in India

35. Equestrian Federation of India

36. Indian Body Building Federation

37. Indian Kayaking and Canoing Association

38. Shooting Ball Federation of India

39. Amateur Baseball Federation

40. Triathlon Federation of India

41. Yoga Federation of India

42. Waterpolo Federation of India

43. Fencing Federation of India

KARNATAKA SELECTION OF CANDIDATES FOR ADMISSION TO TEACHERS CERTIFICATE HIGHER COURSE (T.CH.) AND BACHELOR OF EDUCATION COURSE (B.Ed.) RULES, 1996

In exercise of the powers conferred by sub-section (1) of Section 14 of the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984, (Karnataka Act 37 of 1984) the Government of Karnataka hereby makes the following rules, namely:

Rule1 Title, commencement and application

(1) These rules may be called the Karnataka Selection of Candidates for admission to Teachers Certificate Higher Course (T.CH.) and Bachelor of Education Course (B.Ed.) Rules, 1996.

(2) These rules shall come into force on the date of their publication in the Official Gazette.

(3) These rules shall apply to the selection of candidates for admission to Teachers Certificate Higher Course and Bachelor of Education Course.

Rule2 Definitions

In these rules unless the context otherwise requires.

(a) "Aided Institution" means any institution which receives Grant-in-Aid from the Government;

(b) "Defence Personnel" means.

(i) defence personnel who are working continuously in Karnataka for • atleast one year on the date of application; or

(ii) who have declared their home town as Karnataka while joining defence services and are working at present anywhere in the defence services; or

(iii) Ex-defence personnel seeking admission and belonging to Karnataka; or

(iv) dependent wife/husband, sons/daughters of Ex-defence personnel who are natives of Karnataka killed/disabled in action;

(d) "Gadinadu Kannadiga" means sons/daughters of parents whose mother tongue is Kannada and who have been residing for atleast five years in the disputed border areas i.e., Kasargod, Sholapur, Akkalkot, Jath as on the 1st day of July of the year of admission under these rules. The proof of mother tongue shall be on the basis of school leaving certificate issued by the institution where the candidate has studied;

(e) "Government Seats" means and includes.

(a) all the seats in the institutions, established and/or administered by the State Government or University;

(b) 75% of seats in non-minority aided institutions;

(d) 50% of seats in unaided institutions, both minority and non-minority;

(f) "Horanadu Kannadiga" means sons/daughters of parents whose mother tongue is Kannada and who are at present residing outside Karnataka for a period of 5 years or more as on the First day of July of the year in which admission under these rules is sought and whose son or daughter seeking admission under these rules passed the equivalent qualifying examination outside Karnataka. Such persons shall produce a proof that one of the parents/Grand parents have been born and brought up in Karnataka and produce any one of the following evidences.

(i) Relevant entries in the School records of the parents/Grand parents;

(ii) Entries in the ration card/voters list;

(iii) Domicile Certificate of the Parent/Grand parent during the relevant period;

(g) "Institution" means.

(i) in respect of B.Ed,, colleges, any college affiliated to a University under Section 53 of Karnataka State Universities Act, 1976 imparting teaching in education at degree level;

(ii) in respect of T.C.H. any institution established or recognised by the Government imparting Pre-service teachers training leading to T.C.H. certificate issued by the Karnataka Secondary Education Examination Board;

(h) "Karnataka Student" means a student who has studied in one or more Government or Government recognised Educational Institutions located in the State of Karnataka for a minimum period of seven academic years (commencing from 1st standard upto II PUC/12th Standard both inclusive or qualifying examination either continuously or in broken periods) as on 1st July of the year in which admission under these rules is sought and has studied, appeared and passed the Secondary School Leaving Certificate or 10th Standard examination or the Second Pre-University Course examination/12th Standard examination in a Government or Government recognised Educational Institution located in the State of Karnataka. In respect of candidates who have directly appeared for SSLC or PUC or studied in Open School,' the period of 7 years teaching shall not be insisted. However, such persons shall produce Domicile Certificate for 7 years.

(i) "Minority Institution" means an institution run by religious or linguistic minority management and is recognised as such by the Competent Authority;

(j) "NCC Cadet" means students who have served in NCC for not less than two years and are in possession of "B" certificate;

(k) "Nodal Centre" means an educational institution specified by the Special Officer for issue and receipt of application forms as well as other admission formalities under these rules;

(1) "NSS Candidate" means students who have served in NSS and have participated in atleast two camps and produce a certificate from the Competent Authority in this behalf;

(m) "Other seats" means seats other than Government seats in institutions and include ten per cent seats reserved for in-service candidates in respect of B.Ed. Course;

(n) "Rural Candidate" means a candidate as defined in the K.C.S. (General Recruitment) Rules, 1977, as amended from time to time;

(o) "Scouts and Guides" means students serving in Scouts and Guides for not less than three years and have participated in Jamboorie organised at the State level or possessing a President's Scouts/Guides certificate;

(p) "Special Officer" means an Officer not below the rank of Joint Director of Public Instruction appointed by the State Government to make centralised selections under these rules for Government seats;

(q) "Sports person" means student who has participated in sports/athletics/games organised at the State level by the Education Department/University/Directorate of Youth Services and sports and who produces a certificate(s) to that effect issued by the authority competent to certify as such;

(r) "Unaided Institution" means any institution recognised by Government of Kamataka but not receiving any grant-in-aid.

Rule3 Eligibility

No person shall be eligible for admission under these rules, unless he is a citizen of India; and

(a) in respect of Teachers Certificate Higher (T.C.H.) Course, unless he has passed the second year Pre-University course or its equivalent examination:

Provided that the minimum marks for the purpose of qualification shall be.

(i) 45 per cent in the case of candidates belonging to Scheduled Castes and Scheduled Tribes, Category-I of other Backward Classes as specified in the relevant orders issued by the State Government from time to time and Physically handicapped candidates;

(ii) 50 per cent in the case of other candidates: Provided further that no person who has passed Secondary/ Pre-University Vocational Education Course/Diploma or any other Job Oriented Course shall be eligible for admission to T.C.H. Course;

(b) in respect of admission to Bachelor of Education Course unless he has obtained a degree in Bachelor of Arts or Bachelor of Science with any one language and at least two subjects out of three electives, specified below. Languages. English, Kannada, Hindi, Urdu, Sanskrit, Marathi. Electives. History, Political Science, Sociology, Geography, Economics, Physics, Chemistry, Botany, Zoology, Geology. Mathematics, Biology, English, Kannada, Hindi, Urdu, Marathi and Sanskrit:

Provided that the minimum marks for the purpose of qualification specified above shall be.

(i) 45 per cent of marks in the aggregate of three years study in the case of candidates belonging to Scheduled Caste, Scheduled Tribes, Category-I of other Backward Classes as specified in the relevant orders issued by the State Government from time to time and physically handicapped candidates;

(ii) 50 per cent in respect of other candidates.

Rule4 Allocation of seats

(1) Every Institution shall have two categories of seats.

(i) Government seats; and

(ii) Other Seats.

(2) All Government seats shall be filled by.

(i) Karnataka students;

(ii) Other candidates specified in sub-rule (2) of Rule 7.

(3) The total number of seats in each institution, in both categories shall be so distributed as to ensure in any one methodology not less than five seats in each of the languages and not less than fifteen but not exceeding thirty seats in each elective subjects and also to keep open.

(a) In respect of T.C.H., fifty per cent of the seats for candidates who have studied Science subjects and fifty per cent for candidates who have studied Arts subjects in the P.U.C.;

(b) In respect of B.Ed., fifty per cent of the seats for candidates possessing Degree in Science and fifty per cent for Candidates possessing Degree in Arts:

Provided that if sufficient number of candidates in any one discipline, namely Science or Arts, are not available such seats shall be filled by candidates of other disciplines subject to the minimum and maximum specified in this rule under each methodology.

Rule5 Determination of Merit

The merit shall be determined.

(i) for admission to T.C.H. Course by taking the aggregate marks obtained in the Second year Pre-University Course Examination or in any other equivalent examination;

(ii) for admission to the B.Ed. Course by taking the aggregate marks obtained in all the three years' examinations in the B.A. or B.Sc. examination:

Provided that while preparing the merit list, a weightage of five per cent shall be added to the percentage of marks secured by a rural candidate.

Rule6 Procedure for Selection of Candidates

Procedure for selection of candidates for admission to institutions against Government seats shall be as follows.

(1) The Special Officer shall by notification publish in the Official Gazette call for applications from eligible candidates for admission to T.C.H. and B.Ed. Courses every year. A copy of such notification shall be displayed on the notice board of the office of the Special Officer as well as in the nodal centres in each district. The abstract of the notification shall also be published in atleast one English and one Kannada newspaper having wide circulation in the State. The notification shall contain the following particulars.

(a) names and locations of educational institutions where admission is provided;

(b) names of the institutions where the application forms are available;

(d) number of Government seats available in the T.C.H. and B.Ed. Courses;

(e) eligibility criteria for admission to each course;

(f) reservation of seats for various categories in each course;

(g) details regarding Application, Registration and Admission Fee payable;

(h) last date for the receipt of completed application forms; and

(i) any other information as deemed fit.

(2) Incomplete applications and applications submitted after the last date shall be rejected.

(3) The Special Officer shall, out of the applications received, prepare a list of all eligible candidates in the order of merit called the merit list. The list of candidates whose applications are rejected shall be notified. The merit list shall be displayed on the notice board of the office of the Special Officer and also in all the nodal centres.

(4) The Special Officer shall, then publish the first list of the candidates containing not more than twenty five per cent of total number of candidates specified in list referred to in clause (3) in order of merit and who are selected and specifying the names of the institutions to which they are allotted. Allotment of the institutions shall be made according to the choice of the candidate to the extent possible. This list shall be displayed in all the nodal centres. Wide publicity through press shall be issued providing a time of not less than five working days for payment of admission fees, submission of documents and completion of admission formalities at the nodal centres by the selected candidates failing which their seats will be cancelled.

(5) Candidates will be permitted to seek a change of institution by appearing at the counselling session before the Special Officer on the notified dates, who shall consider a change in the remaining available seats not yet notified.

(6) Soon after the admission in respect of the first list are completed, the Special Officer shall notify the second list containing the names of candidates containing not more than twenty five per cent of the remaining 'candidates in the list referred to in clause (3) and the procedure specified in clauses (4) and (5) shall apply and follows the above procedure for completing the admissions in respect of this list. The third and the fourth lists shall similarly be notified and admissions completed by following the same procedure.

Rule7 Reservation of Seats

(1) Reservation shall be made for the candidates belonging to the Scheduled Caste, Scheduled Tribe and Other Backward Classes as specified by the Government from time to time. If any of the seats reserved for candidates belonging to Scheduled Caste, Scheduled Tribe and Other Backward Classes are not filled due to non-availability of eligible candidates, reservation to that extent shall stand reduced and shall be filled by general merit candidates:

Provided that not less than thirty per cent of seats in respect of B.Ed. Course and not less than fifty per cent in respect of T.C.H. shall be filled up by women candidates in each category:

Provided further that if sufficient number of women candidates are not available in the particular category, such seats shall be filled up by other male candidates belonging to those categories:

Provided also further that two per cent of the seats in each category shall be reserved for physically handicapped candidates. If sufficient number of candidates are not available, such seats shall be filled up by other candidates in that category.

(2) Out of the total number of seats, following number of seats shall be reserved for various Special groups Specified below and they shall be filled in accordance with these rules.

T.C.H.

B.Ed.

Son or daughter of Defence personnel /Defence personnel themselves

Son or daughter of Gadinadu Kannadigas

Son or daughter of Horanadu Kannadigas

NCC Cadets

NSS Corps

Sports Persons

Scouts and Guides

Rule8 Selection for other seats

The respective institution shall call for applications from the eligible candidates for admission to T.C.H. and B.Ed, courses in their institutions in respect of other seats and fill up such seats in accordance with the eligibility criteria as envisaged in these rules and merit. The list of selected candidates in respect of T.C.H. shall be got approved by the Principals of the DIETs of the concerned District and in respect of B.Ed, candidates the list shall be got approved by the Director, Research and Training.

Rule9 Penalties

Where a candidate, his parents or guardian furnishes false or incorrect information regarding marks card or statement of marks or a certificate or an affidavit along with the application, such application shall be liable to be rejected and the seat, if any, given to such candidate shall be liable to be forfeited. Such candidate, his parents or guardian as the case may be, shall also render themselves liable for both civil and criminal action. Where the Director considers that action should be taken under these rules for rejection of an application and forfeiting a seat he shall pass appropriate orders after holding such enquiry as he deems necessary and after giving a reasonable opportunity to the candidate or his parents or guardian concerned to make his representation.

Rule10 Non-compliance of these rules

Such of the institutions which refuse to admit the candidates selected by the Centralised Admission Cell or select the candidates in violation of any of the provision in these rules shall be liable for proceedings which lead to withdrawal of the recognition already granted to them.

Rule11 Fees

The fee for admission to T.C.H. and B.Ed, courses shall be such as may be determined by the Government from time to time.

Rule12 Repeal and Savings

(1) The Karnataka Selection of Candidates for admission to Teachers Certificate Higher Course Rules, 1995 and the Karnataka Selection of candidates for admission to Bachelor of Education (B.Ed.) Course Rules, 1995 are hereby repealed.

(2) Notwithstanding such repeal anything done or any action taken or any notification, orders made or issued shall insofar as it is not inconsistent with the provision of these rules, continue in force and shall be deemed to have been made or issued under the provisions of these rules, unless and until it is superseded by any notification or order/ orders issued under the provisions of these rules.

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KARNATAKA EDUCATIONAL INSTITUTIONS (PROHIBITION OF CAPITATION FEE) ACT, 1984

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