Act related to Schools in Andrapradesh
Srijeyaraj
(Querist) 25 February 2010
This query is : Resolved
Dear Experts,
In taminadu private schools are regulated by Tamilnadu Private Schools Regulation Act,1973 & Tamilnadu Private Colleges Regualtion Act,1976.
Likewise could i be informed about the Acts controlling/regulation schools colleges in Andraprades.
A V Vishal
(Expert) 25 February 2010
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
HIGHER EDUCTAION DEPARTMENT - ADMISSION OF STUDENTS IN
PROFESSIONAL COURSES IN UNAIDED NON-MINORITY INSTITUTIONS - THE ANDHRA PRADESH UN-AIDED NON-MINORITY PROFESSIONAL INSTITUTIONS (REGULATION OF ADMISSIONS INTO UNDER-GRADUATE PROFESSIONAL COURSES THROUGH COMMON ENTRANCE TEST) RULES 2006 - ORDERS - ISSUED.
HIGHER EDUCATION (EC) DEPARTMENT
G.O.Ms.No 53 Dated: 10-5-2006
Read the following:
1) G.O.Ms.No 33 Higher Education (EC) Department dated .11-6-2003
2) Judgment of Hon'ble Supreme Court in CA No. 5041/05 etc.,
dated 12-8-2005.
***
ORDER:
The following notification shall be published in the Andhra Pradesh Gazette.
NOTIFICATION
In exercise of the powers conferred by sections 3 and 15 of the Andhra Pradesh Educational Institutions (Regulation of Admission and prohibition of Capitation Fee) Act, 1983, (Andhra Pradesh Act 5/1983) and in supercession of the Andhra Pradesh Unaided Non-Minority Professional Institutions (Regulation of Admissions into under-Graduate Professional Courses through Common Entrance Test) Rules, 2003 issued in G.O.Ms.No.33, Higher Education (EC) Dept, dated 11-6-2003, the Governor of Andhra Pradesh hereby makes the following Rules for admission into under Graduate Professional Courses in Engineering (including Technology) and Pharmacy in Un-aided Non-Minority Professional Institutions in the State.
1. Short Title, applicability and commencement:
(i) These rules may be called the Andhra Pradesh Unaided Non-Minority Professional institutions (Regulation of Admissions into Under-graduate Professional Courses through Common Entrance Test) Rules, 2006.
(ii) They shall apply to all Unaided non-Minority Professional Institutions imparting Under-Graduate professional Courses in Engineering (Including Technology) and Pharmacy in the State.
(iii) They shall come into force from the academic year 2006-07.
2. Definitions:
(i) In these rules, unless the context to otherwise requires:
(a) "Act" means the Andhra Pradesh Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 (Andhra Pradesh Act No. 5 of 1983).
(b) "Admissions and Fee Regulatory Committee" (AFRC) means Committee established and constituted by the Government for regulating the admissions and for fixing the fees to be charged from candidates seeking admission into Unaided Minority and Non-Minority Professional institutions.
(c) "Common Entrance Test" means EAMCET/EAMCET-AC, the examination conducted for assigning rank or merit to candidates, which will be the basis for admission of the candidates into the first year of concerned Under-Graduate Courses in various Un-aided Non-Minority Professional Institutions in the State.
(d) "Competent Authority" means the Chairman, Andhra Pradesh State Council of Higher Education.
(e) "Convener of EAMCET Admissions" means the Commissioner / Director of Technical Education or any other officer of such rank, nominated by the Competent Authority for selection and allotment of candidates for admission.
(f) "Convener of EAMCET-AC Admissions" means a person nominated by the Association(s) of Unaided Professional Colleges for selection and allotment of qualified candidates for admission.
(g) "Eligible Candidate" means the candidate who is eligible for admission as per the eligibility criteria prescribed under Rule 4 hereunder.
(h) "Government" means State Government of Andhra Pradesh.
(i) "Inspecting Authority" means the Authority/Officer appointed by the AFRC for inspecting and scrutinising the Admissions of the candidates made in the Un-aided Professional Institutions.
(j) "Institutions" means, unless otherwise specifically mentioned, all the Unaided Non-Minority Professional Institutions imparting Professional Courses in Engineering (Including Technology) and Pharmacy.
(k) "Non-Resident Indian" (NRI) means a candidate born to a parent of Indian origin residing outside the country and who has passed the qualifying examination or its equivalent.
(l) "Qualified Candidate" means the candidate who has appeared for the Common Entrance Test EAMCET/EAMCET-AC, as the case may be, for admission into the related Professional Course and has been assigned ranking in the Common Merit List as per Rule 5 / 12 of the Andhra Pradesh Common Entrance Test for entry into Engineering, Pharmacy, Agriculture, Medical and Dental Courses Rules, 2004.
(m) "Qualifying Examination" means the examination of the minimum qualification passing of which entitles one to seek admission into the relevant Professional Course as prescribed in the Andhra Pradesh Common Entrance Test for entry into Engineering; Pharmacy, Agricultural, Medical and Dental courses Rules, 2004.
(n) "Single Window System" means a system by which available seats in all the Institutions are offered through Common Centralized Counselling or Decentralized Online Counselling to qualified candidates in order of merit in the Common Entrance Test.
(o) "State Council* means the Andhra Pradesh State Council of Higher Education, constituted under the Andhra Pradesh Council of Higher Education Act, 1988 (Andhra Pradesh Act No. 16 of 1988).
(p) "University" means the University concerned in which the particular courses are offered
(ii) Words and expressions used but not defined in these rules shall have the same meaning assigned to them in the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1993. (Andhra Pradesh Act 5 of 1983) and the Andhra Pradesh Common Entrance Test for entry into Engineering, Pharmacy, Agriculture, Medical and Dental Courses Rules, 2004.
3. Allotment of Seats:
(i) The, seats to be allotted in each Un-aided Non-Minority Professional Institution under these Rules for Admission of Candidates shall be classified as:
(1) Category A seats
(2) Category B seats
(ii) The Category A seats shall be 80% of sanctioned intake of seats in each course in Un-Aided Non-Minority Professional Institution, which shall be filled with eligible candidates on the basis of Rank obtained at EAMCET / EAMCET-AC, as the case may be, following the provision of sub rule (1) of Rule 6 and Rule of Reservation laid down in Rule 7.
(iii) The Category B Seats shall be 20% of the total intake of seats in each course in respect of Un-Aided Non-Minority Professional Institutions, which shall be open for admission to all the eligible candidates on merit basis including candidates belonging lo other States and Union Territories of India and NRIs, following the provisions of sub rule (ii) of Rule 6. Within Category B, seats not exceeding 15% of the total intake of seats may be filled, at the discretion of the Institution, with NRIs.
4. Eligibility Criteria for Admission:
The eligibility criteria for Admission into Engineering (including Technology), Pharmacy, and Professional Courses shall be as mentioned below: (i) The Candidate shall be an Indian National.
(ii) The Candidate should have completed 16 years of age as on 31st December of the Academic year for which the admissions are being conducted
(iii) The candidate should have passed the qualifying examination (10+2) or equivalent on the date of his / her Counselling for admission, and secured a rank at the Common Entrance Test and should also satisfy other conditions laid down in these Rules:
Provided that the Category B seats as specified in Rule 3 (iii) above shall be filled either on the basis of the rank obtained in the Common Entrance Test or on the basis of the rank obtained in All India Engineering Entrance Examination (AIEEE) conducted by the Central Board of Secondary Education:
Provided further that the NRI seats shall be filled with candidates who have passed the qualifying examination with not less than 60% of aggregate marks or Cumulative Grade Point Average (CGPA) equivalent to 6 on a scale of 10.
(iy) The vacant seats if any, may be filled with the candidates securing not less than 60% marks in aggregate or in group subjects in the qualifying examination duly ensuring merit and transparency.
(v) During admissions through Single Window System, the qualified candidates of EAMCET shall not be eligible for admission into the Institutions that have opted for EAMCET-AC on the basis of their Rank in EAMCET and vice-versa. However, such candidates shall be eligible for seeking admissions in the vacant seats to be filled by the Institutions based on their merit as per Rule 6 (i)(a)(ll) or Rule 6(i)(b)(l1) hereunder, as the case may be.
(vi) The Candidate should satisfy Local/Non-Local status requirement for admission into Category A seats as laid down in the Andhra Pradesh Educational Institutions (Regulation of Admissions) order, 1974 as subsequently amended.
5. Method of Admission:
The general guidelines for the admission of candidates into Private Un-Aided Non-Minority Professional Institutions offering Engineering (Including Technology) and Pharmacy shall be as follows,-
(i) (1) All the Category A seats shall be filled by the respective Institutions by admitting candidates as allotted by the Convener of EAMCET admissions/ Convener of EAMCET - AC admissions, as the case may be, depending upon the option exercised by the institution as per sub-clause (4) of clause (a) in Rule 11 of the Andhra Pradesh Common Entrance Test for entry in to Engineering, Pharmacy, Agriculture, Medical and Dental courses Rules, 2004.
(2) All the Category B seats shall be filled by the respective Institutions on merit basis following the procedure laid down in the Rule 6(ii) hereunder.
(ii) The Convener of EAMCET admissions / Convener of EAMCET - AC admissions shall allot candidates to Institutions in terms of Rules laid down herein.
(iii) The admissions shall be made in the order of merit on the basis of the ranking assigned in EAMCET/EAMCET - AC as per Rule 5 / sub Rule (7) of Rule 12 of the Andhra Pradesh Common Entrance Test for entry into Engineering, Pharmacy, Agriculture, Medical and Dental courses Rules, 2004.
(iv) The total number of candidates to be admitted in each course in the Un¬aided Non-Minority Professional Institutions shall not exceed the limits prescribed by the All India Council for Technical Education from time to time.
(v) The admission of the candidates made in various Un-aided Non-Minority Professional Institutions shall be subject to scrutiny by the inspecting Authority appointed for the purpose.
6.PROCEDURE OF ADMISSIONS:
(i) TO FILL UP CATEGORY- A SEATS (80%):
For the purpose of admissions for Category- A seats, all the Institutions shall be divided into two groups viz., EAMCET and EAMCET -AC streams basing on the option exercised by them as per sub clause (4) of clause (a) in Rule 11 of Andhra Pradesh Common Entrance Test for entry into Engineering, Pharmacy, Agriculture, Medical and Dental courses Rules -2004. There shall be separate counselling for admission in respect of each stream through Single Window System. The procedure to be followed for such admissions shall be as given below: (a) ADMISSIONS INTO INSTITUTIONS UNDER EAMCET STREAM:
(1) A Committee for EAMCET Admission into Institutions, which opted for EAMCET, shall be constituted by the Competent Authority with the following members to advise the Convenor of
EAMCET Admissions, in the matters relating to admissions and on such other matters necessary for the smooth conduct of admissions.
(a) Chairman of Andhra Pradesh State Council of Higher
Education. … (Chairman)
(b) Secretary of Andhra Pradesh State Council of Higher Education.
(c) Convener of EAMCET Admissions (Member Convener).
(d) Professor in-charge of Computer / online systems in admission camp.
(e) Two representatives of the Universities as nominated by the State Council.
(f) Three representatives of the Private Unaided Technical Institutions as nominated by the State Council.
(g) Commissioner / Director of Technical Education or his nominee.
(h) One special invitee nominated by the State Council.
(2) The Convener of EAMCET Admissions shall collect Rank lists of the qualified candidates of EAMCET prepared by the Convenor of EAMCET, as per sub-rule (3) of Rule 5 of the Andhra Pradesh Common Entrance Test for entry into Engineering, Pharmacy, Agriculture, Medical and Dental courses Rules, 2004.
(3) The Convener of EAMCET Admissions shall prepare and notify the schedule for admissions, venue, timings and all other necessary details in at least three leading newspapers one each in Telugu, Urdu and English, at least 8-10 days before the commencement of counselling. The decision of. the Committee for EAMCET Admissions shall be final in issuing notification and the schedule and procedure of counselling.
(4) The Convener of EAMCET Admissions shall adopt computerised Single Window system of Counselling either by following centralized or decentralized Online Counselling at various centres for the convenience of the Candidates and shall prepare the seat matrix of Unaided Non-Minority Professional Institutions. He shall make all the necessary arrangements for manpower, admission venue, drawing scrutiny officers from other departments, fee collection, networking, facilities for Online Counselling at various centres, mobilization of software etc., in consultation with the Admission Committee.
(5) No Management of Unaided Non-Minority Professional Institution shall issue notification and call for applications for admission separately
or individually except as provided in Rule 6 (i) (a) (11) and Rule 6(i) (b) (11) of these rules.
(6) Candidates shall be called for counselling and provisional allotment of
Courses / Institutions shall be made in the order of merit assigned at
EAMCET by following the Rules of Reservation issued by the
Government from time to time and G.O.Ms.No.550, Higher Education
Department dated: 30.7.2001 and such allotment is only provisional.
(7) The selection of candidates and allotment of Courses / Institutions in
respect of Unaided Non-Minority Professional Institutions, shall be
solely on the basis of merit as adjudged by the rank obtained in
EAMCET subject to the condition that the candidate should have passed
the qualifying examination. However, mere appearance at the Entrance
Test and obtaining rank in the merit list does not entitle a candidate to
be considered for admission automatically into any Course / Institution
unless he / she also satisfies the rules and regulations of admission
prescribed by the concerned University / Government including marks
to be obtained in the qualifying examination.
(8) Once a candidate secures admission to a particular College / Institution based on his / her option, no more claim for admission into other Colleges, to any other kind of seat or any other course, be entertained during that phase of admissions.
(9) The candidates admitted into Unaided Non-Minority Professional Institutions shall pay at the time of admission the fees payable per student per annum, as prescribed by the AFRC.
(10) The Convener, EAMCET Admissions shall handover the vacant seats, if any to the Institutions concerned after conducting the counselling till the last rank of EAMCET.
(11) The institution shall fill, on merit basis, such vacant seats handed over by the Convenor of Admissions duly conducting internal sliding reservation category wise in each course before issuing the notification for admissions by the individual Institutions. The vacant seats so arising in each course after the exercise of internal sliding, shall be filled reservation category wise with eligible candidates through Institutional spot admission ensuring merit and transparency.
(12) The Institution shall obtain ratification from the Competent Authority for all the admissions including internal sliding conducted by the Institution.
(13) The Convener of EAMCET Admissions shall prepare the final list of candidates, admitted course-wise and Institution-wise and send the same to Concerned Universities, Institutions and AFRC.
(14) The Competent Authority in consultation with the Committee of EAMCET Admission shall fix the cut off dates for each stage of admissions.
(15) All the candidates called for Counselling shall produce the specified
original documents along with duly attested photocopies and the
Convenor of EAMCET Admissions shall be entitled to cause
verification of all the documents produced by the candidates.
(b) ADMISSIONS INTO INSTITUTIONS UNDER EAMCET -AC STREAM:
(1) Committee for EAMCET-AC Admissions into institutions, which opted for EAMCET-AC shall be constituted by the Association of Un-aided Professional Colleges to advise the Convenor of EAMCET-AC Admissions in the matters relating to admission and on such other matters necessary for the smooth conduct of Admissions.
(2) The Convener of*EAMCET -AC Admissions shall collect Rank lists of the qualified candidates of EAMCET -AC prepared by the Convener of EAMCET-AC as per Clause (c) of sub- rule (7) of Rule 12 of the Andhra Pradesh Common Entrance Test for entry into Engineering, Pharmacy, Agriculture, Medical and Dental courses Rules, 2004.
(3) The Convener of EAMCET-AC Admissions shall prepare and notify the schedule for admissions, venue, timings and all other necessary details in at least three leading newspapers one each in Telugu, Urdu and English, at least 8-10 days before the commencement of counselling. The decision of the Committee for EAMCET-AC Admissions shall be final in issuing notification, schedule and procedure of counselling.
(4) The Convener of EAMCET-AC Admissions shall adopt computerised Single Window system of Counselling either by following centralized or decentralized Online Counselling at various centers for the convenience of the Candidates and shall prepare the seat matrix of Unaided Non-Minority Professional Institutions. He shall make all the necessary arrangements for manpower, admission venue, drawing scrutiny officers from other departments, fee collection, networking, facilities for Online Counselling at various centres, mobilization of software etc., in consultation with the Admission Committee.
(5) No Management of Unaided Non-Minority Professional Institution shall issue notification and call for applications for admission separately or individually except as provided in Rule 6(i) (a) (11) and Rule 6 (i) (b) (ll)of these rules.
(6) Candidates shall be called for counselling and provisional allotment of Courses / Institutions shall be made in the order of merit assigned at EAMCET-AC by following the Rules of Reservation issued by the Government from time to time and G.O.Ms.No.550, Higher Education Department dated: 30.7.2001 and such allotment is only provisional.
(7) The selection of candidates and allotment of Courses / Institutions in respect of Unaided Non-Minority Professional Institutions, shall be solely on the basis of merit as adjudged by the rank obtained in EAMCET-AC subject to the condition that the candidate should have passed the qualifying examination. However, mere appearance at the Entrance Test and obtaining rank in the merit list does not entitle a candidate to be considered for admission automatically into any Course / Institution unless he / she also satisfies the rules and regulations of admission prescribed by the concerned University / Government including marks to be obtained in the qualifying examination.
(8) Once a candidate secures admission to a particular College / Institution based on his / her option, no more claim for admission into other Colleges, to any other kind of seat or any other course, be entertained during that phase of admissions.
(9) The candidates admitted into Unaided Non-Minority Professional Institutions shall pay at the time of admission the fees payable per student per annum as prescribed by the AFRC.
(10) The Convener, EAMCET-AC Admissions shall handover the
vacant seats, if any to the Institutions concerned after conducting the
counselling till the last rank of EAMCET-AC.
(11) The Institution shall fill, on merit basis, such vacant seats handed
over by the Convenor of Admissions duly conducting internal sliding
reservation category wise in each course before issuing the notification for
admissions by the individual Institutions. The vacant seats so arising in
each course after the exercise of internal sliding, shall be filled reservation
category wise with eligible candidates through Institutional spot admission
duly ensuring merit and transparency.
(12) The Institution shall obtain ratification from the Competent
Authority for all the admissions including internal sliding conducted by the
Institution.
(13) Convener of EAMCET-AC Admissions shall prepare the final list of candidates, admitted course-wise and Institution-wise and send the same to concerned Universities, Institutions and AFRC.
(14) The Competent Authority in consultation with the Committee of EAMCET- AC Admission shall fix the cut off dates for each stage of admissions.
(15) All the candidates called for Counselling shall produce the specified original documents along with duly attested photocopies and the Convenor of EAMCET-AC Admissions shall be entitled to cause verification of all the documents produced by the candidates.
TO FILL UP CATEGORY- B SEATS (20%):
(1) The Institution shall notify all the details of seats available under this
category and conduct the admissions in a fair, transparent and non-
exploitative manner.
(2) The NRI seats (not exceeding 15% of the sanctioned intake in each
course) shall be filled on merit basis with NRI candidates who have
passed the qualifying examination with not less than 60% of
aggregate marks or Cumulative Grade Point Average (CGPA)
equivalent to 6 on a scale of 10.
(3) The left over seats shall be filled by the Management of the
Institution with candidates from other states and Union Territories of
India who have passed the qualifying examination and secured rank
in AIEEE.
(4) If vacant seats still exists, such seats may be filled with any candidate securing not less than 60% of aggregate marks or 60% in group subjects in the qualifying examination.
(5) The Institution shall obtain ratification from the Competent Authority for all the admissions conducted under Category B seats by the Institution.
(6) After scrutiny, the Competent Authority shall send the ratified list
of candidates from outside the State, NRIs and others admitted by
the Institution to the University concerned and also to the respective
Institutions.
7. Rules of Reservation for admission:
(i) Category A seats shall be reserved, to the following categories in Admissions to Professional courses:
(1) Region-wise reservation of seats:
Admission to 85% of the seats in each course shall be reserved for the local candidates and the remaining 15% of the seats shall be un-reserved scats as specified in the Andhra Pradesh Educational Institutions (Regulations and Admissions) Order, 1974 as subsequently amended.
EXPLANATION: For purpose of these rules,-
(i) Local Areas means:
(1) The part of the State comprising the districts of Adilabad, Hyderabad (including Twin Cities) Ranga Reddy, Karimnagar, Khammam, Medak, Mahaboobnagar, Nalgonda, Nizamabad and Warangal shall be regarded as the Local Area for the purpose of admission to the Osmania University, the K.akatiya University and the Telangana University and to any other educational institutions (other than a state-wide university or state-wide educational institution) which is subject to the control of the State Government and is situated in that part.
(2) The part of the State Comprising the districts of Srikakulam, Vizianagaram, Visakhapatnam, East Godavari, West Godavari, Krishna, Guntur and Prakasam shall be regarded as the Local Area for the purpose of admission to the Andhra University, the Acharya Nagarjuna University and Adikavi Nannaya University and to any other educational institutions (other than a state-wide university or state-wide educational institution) which is subject to the control of the State Government and is situated in that part.
(3) The part of the State Comprising the districts of Anantapur, Kurnool, Chittoor, Kadapa and Nellore shall be regarded as the Local Area for the purpose of admission to the Sri Venkateswara University, the Sri Krishnadevara University and the Yogi Vemana University and to any other educational institutions (other than a state-wide university or state-wide educational institution) which is subject to the control of the State Government and is situated in that part.
(ii) The Local Candidate means:
(A) A candidate for admission shall be regarded as a local candidate in relation to a local area.-
(a) If he/she has studied in educational Institution or educational Institutions in such local area for a period of not less than four consecutive academic years ending with the academic year in which he/she appeared or as the case may be, first appeared in the relevant qualifying examination, or
(b) Where, during the whole or any part of the four consecutive academic years ending with the academic year in which he/she appeared or, as the case may be, first appeared for the relevant qualifying examination, he/she has not studied in any educational Institutions, if he/she has resided in that local area for a period of not less than four years immediately preceding the date of commencement of the relevant qualifying examination in which he/she appeared or, as the case may be, first appeared.
(B) A candidate for admission to the Course who is not regarded as local
candidate under clause (A) in relation to any local area shall,-
(a) If he has studied in educational Institutions in the State for a period of not less than seven consecutive academic years ending with the academic year in which he/she appeared or, as the case may be, first appeared for the relevant qualifying examination be regarded as a local candidate in relation to,-
(i) Such local area where he/she has studied for the maximum period out of said period of seven years, or
(ii) Where the period of his/her study in two or more local areas are equal, such local area, where he/she has studied last in such equal period, or
(b) If, during the whole or any part of seven consecutive academic years ending with the academic year in which he/she appeared or, as the case may be, first appeared for the relevant qualifying examination, he/she has not studied in the educational Institutions in any local area, but has resided in the State during the whole of the said period of seven years, be regarded as a local candidate in relation to,-
(i) Such local area where he/she has resided for the maximum period out of the said period of seven years, or
(ii) Where the periods of his/her residence in two or more local areas are equal, such local area where he/she has resided last in such equal periods.
(C) The following categories of candidates are eligible to apply for admission to the remaining 15% of un-reserved seats:
(a) All the candidates eligible to be declared as local candidates.
(b) Candidates who have resided in the State for a total period of 10 years excluding periods of study outside the State or either of whose parents have resided in the State for a total period often years excluding period of employment outside the State.
(c) Candidates who are children of parents who are in the employment of
this State or Central Government, Public Sector Corporations, Local
Bodies, Universities and other similar quasi-public Institutions, within the
State.
(d) Candidates who are spouses of those in the employment of the State or
Central Government, Public Sector Corporations, Local Bodies,
Universities and Educational Institutions recognized by the Government
or University OR other competent authority and similar quasi
Government Institutions within the State.
(D) If a local candidate in respect of a local area is not available to fill any seat
reserved or allocated in favour of a local candidate in respect of that local
area, such seat shall be filled if it had not been reserved.
NOTE: For details, see the Andhra Pradesh Educational Institutions (Regulations of Admission) Order, 1974 as subsequently amended.
(2) Reservation for SC/ST/BC Communities:
(a) 15% of seats in each course in each institution shall be reserved for the candidates belonging to Scheduled Castes .
(b) 6% of seats in each course in each Institution shall be reserved for the candidates belonging to the scheduled Tribes.
The seats reserved for scheduled Tribes shall be made available to scheduled Castes and Vice-versa, if qualified candidates are not available in the category.
If qualified candidate belonging to Scheduled Castes and Scheduled Tribes communities are not available the left over seats reserved for them shall be treated as unreserved seats and shall be filled by the candidates of General pool.
(c) 25% of seats in each course in each institution shall be reserved for the
candidates belonging to the Backward classes and shall be allocated among
the four groups of Backward classes as shown below:
GROUP 'A' - 7%
GROUP 'B' - 10%
GROUP 'C - 1%
GROUP 'D' - 7%
If qualified candidates belonging to Backward class of a particular group are not available, the leftover seats can be adjusted for the candidates of next group. If qualified candidates belonging to Backward classes are not available to fill up the 25% seats reserved for them, the left over seats shall be treated as unreserved and shall be filled up with candidates of General pool.
No candidate seeking reservation for admission under the above categories be allowed to participate, in the Counseling for admission unless he produces the Integrated Community Certificate prescribed by the Govt., and issued by the Revenue Authorities in the Government (vide G.O. Ms. No: 58, Social Welfare (J), Dept., Dated: 12-5-1997)
(3) The following reservations in admissions to Professional courses may be provided in respect of Category- A seats in accordance with consensus arrived at between Private Unaided Professional Institutions and the Government:
(1) Reservation of seats for women:
A reservation of 33 1/3% of seats in favour of women candidates in each course and in each category (OC / SC/ST/BC).
The above reservation shall not be applicable if women candidates selected on merit in each category exceeds 33 1/3%.
If sufficient number of women candidates are not available in the respective categories those seats shall be diverted to the men candidates of the same category.
(2) Reservation for Special Categories:
(a) Seats shall also be reserved in each course of an institution, for the , following categories, to the extent indicated against them,
(i) Physically Handicapped (PH) - there shall be 3% (three percent) horizontal reservation in each category (OC, BC, SC, ST) for Visually handicapped / hearing impaired / Orthopaedically Handicapped (each 1%) (one percent).
(ii) Children of Armed Forces Personnel (CAP) - 2% (two percent) for the children of armed persons i.e. Ex-Servicemen, Defence Personnel including the Children of Border Security Force and the Central Reserve Police Force residing in Andhra Pradesh for a minimum period of 5 years.
(iii) National Cadet Corps (NCC) - 1% (one percent) for National Cadet corps candidates.
(iv) Sports and Games (SP) – ½% (half percent) for sports and Games candidates.
If qualified candidates belonging to NCC / SP / CAP categories are not available, the left over seats shall be filled up with candidates of General Pool of the same local area.
Note: The candidates claiming reservation benefits under the above categories shall produce original documents in support of their claim to the Convenor or Admissions and he shall be entitled to refer the original document? of the candidates claiming reservation for scrutiny and confirmation, to the following authorities.
(i) NCC - To the Director of NCC, Andhra Pradesh
(ii) Sports & Games - To the Vice-Chairman and Managing Director,
Sports Authority of Andhra Pradesh (SAAP)
(iii) Physically handicapped- To the Director, Medical & Health Services, AP
(iv) CAP - To the Director, Sainik Welfare Board, A.P.
(b) The priorities in respect of the special categories mentioned above shall be in accordance with Government Orders issued from time to time.
8. FEE for Engineering (including Technology) /Pharmacy Colleges:
(i) "The fee payable per student per annum for each discipline in each institution shall be as prescribed by the AFRC .
(ii) The fee prescribed and collected from NRIs, in excess of the fees prescribed for non-NRI candidates under Category B shall be utilized for benefiting the students from economically weaker sections of the society whose eligibility criteria shall be as notified by the Government. The mechanism for extending such benefit to the students belonging to economically weaker sections shall be as prescribed by the AFRC.
9. Transitory Provision:
The Permanent Committee and Fee Fixation Committee constituted by the Government vide G.O.Ms.No. 90 & 91 Higher Education Department dated 22-12-2003 and existing at the commencement of these Rules shall continue to discharge all the functions assigned to the AFRC under these rules till the Government constitutes the AFRC.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
A V Vishal
(Expert) 25 February 2010
The Andra Pradesh Gazette
Part IV-B Extraordinary
Published by Authority
No.22 Hyderabad , Thursday April 21, 1998.
Andhra Pradesh Acts, ordinances
and regulations, Etc.
The following act of thy Andhra Pradesh Legislative Assembly received the assent of the Governor on the 20th April, 1998 and the said assent is hereby first published on the 21st April, 1998 in the Andhra Pradesh Gazette for general Information
ACT No. 16 of 1988
An Act to provide for the Constitution of a State Council to advise the Government in matters relating to Higher Education in the State and to oversee its development with Perspective Planning and for matters connected therewith and incidental thereto.
Whereas the National Educational Policy, 1986 recommended that State Level Planning and Co-ordination of higher education shall be done through Council of Higher Education and that the University Grants Commission and these council will develop co-co-ordinative methods to keep a watch on standards;
And whereas the University Grants Commission constituted a committee to make recommendations regarding setup of State Council of Higher Education as per the aforesaid National Policy;
And whereas the said committee recommended that there is a pressing need for an effective machinery for promotion and co-ordination of Higher Education at the State Level and Co-ordination of State level programmes with those of the University Grants Commission;
And whereas the University Grants Commission had laid down the guidelines for setting up State Councils of Higher Education as recommended by the said Committee;
And whereas the State Government has accordingly decided to fill the gap by constituting a State Council of Higher Education as recommended in the national education Policy of the Government of India and as recommended by the committee constituted by the University Grants Commission.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Thirty-ninth year of the Republic of India as follows:-
1. (1)
This Act may be called as Andhra Pradesh State Council of Higher Education Act, 1988.
(2) It shall come into force on such date as the Government may by notification, appoint.
2. In this Act, unless the context otherwise required:-
(a) “Chairman†means the Chairman of the State Council of Higher Education;
(b) “College†means a College affiliated to or associated with or recognized by any University in the State including Engineering Colleges, Polytechnic Colleges and all colleges established in the co-operative sector;
(c) “Degree†means a degree in arts, science, commerce, oriental languages, engineering technology, law, or such other degree recognized by the University in the State and included as post graduate degree;
(d) “Diploma†means any course of study after the tenth class to which a diploma is awarded but does not include a certificate;
(e) “State Council†means the Andhra Pradesh State Council of Higher Education constituted under subsection (1) of section 3;
(f) “Government†means the State Government of Andhra Pradesh;
(g) “Higher Education†means every education above the tenth class leading to a degree or diploma including Intermediate education and Technical Education but does not include a certificate course in Technical Education not leading to a degree or diploma;
(h) Notification†means a notification published in the Andhra Pradesh Gazette and the word “notified†shall be constructed accordingly;
(i) “Prescribed“ means prescribed by rules made by the Government under this Act;
(j) “Private Collages†means a college imparting education or training established and administrated or maintained by any person or body of persons, whether incorporated or not, or any local authority and recognized as such by Government, but does not include a college;
(i) established and administrated or maintained by the Central Government or State Government;
(ii) established or administrated or maintained by any University established by law, and
(iii) giving, providing or imparting only religious instruction, but not ant other instruction.
3. (1) The Government may, by notification, with effect on and from such date as may be specified in this behalf, constitute a State Council for the purpose of this Act to be called the Andhra Pradesh State Councils of Higher Education.
(2) (a) The State Council shall be a body corporate having perpetual succession and a common seal and shall sue and be sued by the said corporate name.
(b) In all suits and other legal proceedings by or against the State Council the proceedings shall be signed and verified by the Secretary and all processes in such suits and proceedings shall be issued to and served on the Secretary.
(3) The Headquarters of the State Council shall be a located at Hydrabad.
4. (1) The State Council shall consist of the following members namely:-
I. FULL TIME MEMBERS:
(i) a Chairman and
(ii) a Vice Chairman;
to be appointed by the Government from among eminent educationalist;
II. EXOFFICIO MEMBERS:
(i) the Secretary to Government, Education Department;
(ii) the Secretary to Government, Finance department;
(iii) the Secretary to Government, Labour, Employment and Technical Education;
(iv) the Secretary or any other officer of the University Grants Commission not below the rank of a Joint Secretary nominated by the Chairman, University Grants Commission;
III OTHER MEMBERS:
(i) four person to be appointed by the Government from amount eminent educationists;
(ii) one person who shall represent the industry to be appointed by the Government;
(iii) three person of whom one shall be a technical expert, to be nominated by the State Government;
(2) Every appointment under this section shall take effect from the date on which it is notified by the Government.
5. (1) The Chairman, Vice Chairman or any member (other than an ex-officio member) shall be appointed by the Government ordinarily for a term of three years and shall be eligible for reappointment for a second term;
Provided that a person who has not attained the age of sixty-five years shall be eligible to be appointed as Chairman or Vice Chairman:
Provided further it shall be competent for the Government to make an appointment under this subsection for a term of less than three years if they consider necessary:
Provided also that the Chairman, Vice- Chairman or any member (other than an ex-officio member) who incur disqualification under the rules made in this behalf shall cease to hold such office as Chairman. Vice-Chairman or member.
(2) The Chairman, Vice-Chairman or a member (other than an ex-officio member) may resign his office by writing under his hand addressed to the Government and every such resignation shall take effect from the date on which it is accepted by the Government.
(3) The Chairman, Vice-Chairman or a member (other than an ex-officio member), shall not be removed from his office except by an order of the Government passed on the ground of willful omission or refusal to carry out the provisions of this Act or abuse of the powers vested with him and after due inquiry as may be ordered by the Government, in which such Chairman or Vice Chairman or member shall have an opportunity of making his representation against such removal.
(4) If a casual Vacancy occurs in the office of the Chairman, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity or for any other reason the Vice-Chairman holding office as such for the time being shall hold the office of the Chairman until another person is appointed as Chairman for the term as may be specified by the Government under sub-section (1):
Provides that where no Vice Chairman is holding office at the time when the vacancy in the office of the Chairman occurs the Government may appoint any other member (not being an ex-officio member) or appoint any other person to held the office of the Chairman until another person is appointed as the Chairman or the term as may be specified by the Government under section (1).
(5) If a casual vacancy occurs in the office of the Vice-Chairman or any other member, (other than an ex officio member) whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity or for any other reason such vacancy shall be filled by the Government in the manner specified under sub-section (1).
(6) The office of the Chairman and Vice-Chairman shall be a whole time and salaried and subject thereto the term and conditions of service of the Chairman, Vice-Chairman and other members shall be such as may be prescribed.
6. The Council shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations made under this Act.
7. No act or proceedings of the Council shall be deemed to be invalid by reason of any vacancy in or any defect in the Constitution of the Council.
8. The Council may associate with itself in such a manner and for such a purpose, any person whose assistance or advice it may desire in carrying out its work. A person associated with Council for any purpose shall have a right to take part in the discussions relevant to that purpose but shall not have a right to vote at a meeting or the council and shall not be a member for any other purpose. The Council may associate with its member of Medical, Engineering and Agricultural Universities and such other expert bodies as Government by order specify with a view of developing coordination among the Universities.
9. (1) The Council may appoint a Secretary and the other Officers with the previous approval of the Government and the other employees may be appointed by the Council from time to time in accordance with the guidelines prescribed.
(2) The classification and method of recruitment, conditions of service, pay and allowances and disciplinary conduct of the officers and other employees referred to in this section shall be such as may be prescribed.
10. All order and decision of the Council shall be authenticated by the signature of the Chairman or any other member authorized by the Council in this behalf, and all other instruments issued by the Council shall be authenticated by the signature of the Secretary or any other officer of the Council authorizes in the like manner in this behalf.
11. (1) it shall be the general duty of the Council to coordinate and determine standards in institutions of Higher Education and Research and Scientific and Technical Institutions in accordance with the guidelines issued by the University Grants Commission.
(2) The Functions of the Council shall include
1. PLANNING AND CO-ORDINATION
(i) to prepare consolidated programmes in the sphere of Higher Education in the State in accordance with the guidelines that may be issued by the University in their implementation, keeping in view the over all priorities and perspectives of Higher Education in the State;
(ii) to assist the University Grants Commission in respect of determination and maintenance of standards and suggest remedial action wherever necessary;
(iii) to evolve perspective plans for development of Higher Education in the State;
(iv) to forward the Developmental Programmes of Universities and colleges in the State to the University Grants Commission along with the comments and recommendations;
(v) to monitor the progress of implementation of such developmental programmes;
(vi) to promote co-operation and co-ordination of the educational institutions among themselves and explore the scope for inter action with industry and other related establishment;
(vii) to formulate the principles as per the guidelines of the Government and to decide upon, approve and sanction new educational institutions by according permission keeping in view the various norms and requirements to be fulfilled;
(viii) to suggest ways and means of mending additional resources for higher education in the State;
2. ACCADEMIC FUNCTIONS
(i) to encourage and promote innovations in curricular development, restructuring of courses and updating of syllabi in the University and the colleges.
(ii) To promote and co-ordinate the programme of autonomous colleges and to monitor its implementation;
(iii) To devise step to improve the standards of examinations conducted by the University and suggest necessary reforms;
(iv) To facilitate training of teachers in colleges and Universities;
(v) To develop programmes for greater academic co-operation and inter action between University teachers and College teachers and to facilitate mobility of students and teachers within and outside the State;
(vi) To conduct entrance examination for admission to institutions of higher education and render advice on admission;
(vii) To encourage sports, games, physical education and cultural activities in the Universities and colleges;
(viii) To encourage extension activities and promote interaction with agencies concerned with regional planning and development;
(ix) To prepare an overview report on the working of the Universities and the colleges in the State and to furnish a copy of the report to the University Grants Commission.
III ADVISORY FUNCTIONS:
To advice the Government:-
(i) in determining the block maintenance grants and to lay down the basis for such grants;
(ii) on setting up a State Research Board so as to link research work of educational institutions with that of the research agencies and industry, keeping in view the overall research needs of the State;
(iii) on the statutes and Ordinances to various Universities in the State (excluding Central Universities) and on the statutes proposed by the Universities in the State;
(iv) to work in liaison with the Southern Regional Committee of the All India Council for Technical Education in the formulation of the schemes in the State;
(v) to make new institutions self sufficient and viable;
(vi) on the policy of ‘earning while learning’
(vii) to perform any other functions necessary for the furtherance of higher Education in the State.
12. Notwithstanding anything contained in this Act, and the Andhra Pradesh Intermediate Education Act, 1972 it shall be competent for the Government to entrust to the State Council all or any of the functions relating to Intermediate Education and such other matters for the orderly functioning of the Junior Colleges (including Co-operative and self-financing Junior Colleges) and to seek such help and advice from the State Council in order to ensure the orderly and efficient functioning of such colleges in conformity with the overall objective and educational policy of the State and National Policy.
13. (1) The Council shall have its own fund consisting of the grants from the Government voted by the Legislative Assembly of the State towards grants to Universities, and Colleges and Grants received from Central Government for higher education and such other funds as may be received by the Council from any other source.
(2) The Government may pay to the Council in each financial year such sums as may be considered necessary for the functioning of the Council.
(3) All moneys belonging to the Fund and all receipt of the Council shall be deposited or invested in such manner as may be prescribed;
(4) The council may spend such sums as it may think fit for performing its functions under this Act, and such sums shall be treated as expenditure payable out of the fund of the Council.
14. (1) It shall be the Duty of the Council to allocate grants to different Universities and degree colleges in the State from out of the funds received by it under sub-section (1) of section 13 and release the same to concerned Universities and colleges.
(2) Without prejudice to the provisions of the Andhra Pradesh Education Act, 1982, the Director of Higher Education and the other authorities administratively concerned with the colleges shall implement the decisions, programmes and instructions of the Council in regard to the planning and monitoring developments and release of grants and funds of the Council under section 13.
15. (1) The Council shall prepare an annual financial statement on or before such date as may be prescribed of the estimated capital and revenue receipts and expenditure for the ensuring year.
(2) The said statement shall include a statement of salaries and allowances of members, officers and servants of the Council and of such other particulars as may be prescribed.
(3) The Government shall, as soon as may be after receipt of the said statement, cause it to be laid on the Table o the Legislative Assembly of the State.
(4) The Council shall take into consideration any comments made on the said statement in the Legislative Assembly of the State.
(5) The Council may at any time during the year in respect of which a statement under sub-section(1) has been submitted, submit to the Government a supplementary statement, and all provisions of this section shall apply to such statements as they apply to such statement under the said sub-section.
16. The Council shall prepare once in every year, in such form and at such time as may be prescribed an annual report giving a true and full account of its activities during the previous year, and copies thereof shall be forwarded to the Government and the Government shall cause the same to be laid before the Legislative Assembly of the State. A copy of the report shall be send to University Grants Commission.
17. (1) The Council shall cause to be maintained such books of account and other books in relation to its accounts in such form and in such manner as may be prescribed.
(2) The Council shall, as soon as may be after closing its annual accounts, prepare a statement of accounts in such form, and forwarded the same to the Government by such date, as the Government may determine.
(3) The accounts of the Council shall be audited by such authority, at such times and in such manner as may be prescribed.
(4) The annual accounts of the Council together with the audit report thereon shall be forwarded to the Government and the Government shall cause the same to be laid before the Legislative Assembly of the State and shall also forward a copy of the Audit report to the Council for taking suitable action on the matters arising out of the audit report.
18. (1) In the discharge of its functions under this Act, the Council shall be guided by such directions on questions of policy relating to State purposes or in case of any emergency as may be given to it by the Government.
(2) If any dispute arise between the Government and the Council as to whether a question is or is not a question of policy relating to State purposes, or whether an emergency has arisen the decision of the Government thereon shall be final.
19. The Council shall furnish to the Government such returns or other information with respect to its property or activities as the Government may, time to time require.
20. (1) The Government shall have the right to cause an inspection to be made, by an officer not below the rank of Secretary to the Government authorized by it, of the State Council and also to cause an inquiry to be made into the work done by the State Council in respect of any matter entrusted to it. The Government shall in every case give notice to the State Council of its intention to cause such inspection or inquiry to be made and the State Council shall be entitled to be represented thereat. The officer making the inspection or inquiry shall inform the Government of the results thereof.
(2) The Government shall communicate to the State Council its views with reference to the results of such inspection or inquiry and may, advise the State Council upon the action to be taken.
(3) The State Council shall within such time as the Government may fix report to it, the action, if any which is proposed to be taken or has been taken, upon such advice.
(4) The Government may where action has not been taken by the State Council within a reasonable time to its satisfaction, issue such directions as it may think at, and the State Council shall comply with such directions.
21. The Government may either suo-moto or on an application made to them, call for and examine the records of any order passed or direction taken by the State Council under the provisions of this Act, for the purpose of satisfying themselves as to the legality or propriety of such order or decision or as to regularity of such procedure and pass such order with respect thereto as they may think fit:
provided that no such order shall be made except after giving the State Council or the person likely to be affected thereby a reasonable opportunity of being heard.
22. (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 Act shall, immediately after it is made, be laid before the legislative Assembly of the State, if it is in session and if it is not in session in the session immediately following for a total period of fourteen days which may comprise in one session or in two successive sessions and if, before the explanation of the session in which it is so laid or the session immediately following, the Legislative Assembly agrees 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.
23. (1) The Council may make regulations consistent with this Act and rules made there under;-
(a) regulating the meeting of the Council and the procedure for conducting business thereat and
(b) regulating the manner in which and the purposes for which persons may be associated with the Council under section 8.
(2) No regulation shall be made under this section expect with the previous approval of the Government.
24. If any difficulty arises in giving effect to the provisions of this Act, the Government may by order make such provision not inconsistent with the purpose of this Act, as appears to them to be necessary or expedient for removing the difficulty.
A V Vishal
(Expert) 25 February 2010
Andhra Pradesh Education Act, 1982
Srijeyaraj
(Querist) 25 February 2010
Dear Sir, Thanks a lot for your immediate reply.
Further, in Tamilnadu according to Sec.31 of Tamilnadu private Schools Regulation Act,1973, the school before mortgage/lien/lease/hypothecate the properties it should get the prior approval from Chief Educational Officer. If the prior consent is not obtained means the agreement will be null and void. Likewise is there any conditions related to funding to Schools/Colleges/Educational Trusts?
Raj Kumar Makkad
(Expert) 25 February 2010
Andhra Pradesh Education Act, 1982 &
Andhra Pradesh Affiliated College Act, 1982.
Y V Vishweshwar Rao
(Expert) 04 March 2010
Sec 28 o AP Education Act conteplates that permission of Competant Authoruty is required for mortgage etc of the institutional proerties ,(otherwise the Manager of the Institution is liable for the same )
Srijeyaraj
(Querist) 04 March 2010
Great sir. Thanks a lot sir.
