Rule, 2023

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

RNI No. MAHBIL /2009/37831

HIGHER AND TECHNICAL EDUCATION DEPARTMENT

Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk, Mumbai 400 032, dated the 30th June 2023.

NOTIFICATION

Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Act, 2015.

No. Law 2023/C.R.79/Mashi-2.—In exercise of the powers conferred by section 23 of the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Act, 2015 (Mah. XXVIII of 2015), the Government of Maharashtra hereby makes the following rules further to amend the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admission to the Full Time Professional Undergraduate Law Courses) Rules, 2017, namely :—

1. These rules may be called the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admission to the Full Time Professional Undergraduate Law Courses) (*Amendment) Rules, 2023.

2. In rule 3 of the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admission to the Full Time Professional Undergraduate Law Courses) Rules, 2017 (hereinafter referred to as “the principal Rules”), for sub- rule (3), the following sub-rule shall be substituted, namely :— “(3) The candidate shall upload, alongwith the application, the required Original documents such as SSC or HSC Mark Sheets or Under Graduate degree or Post Graduate Degree examination, Domicile Certificate, Birth Certificate, Economically Weaker Section (EWS) certificate, Non Creamy Layer Certificate, Caste Certificate and Caste Validity Certificate or any other requisite certificate, as applicable, in the necessary Proforma issued by the concerned Authority, competent to issue such certificate. If a candidate fails to upload the required documents while filling the CAP application, their CAP application shall be treated as an incomplete application and shall not be considered for merit list preparation or seat allotment.”.

3. In rule 5 of the principal Rules, for sub-rule (1) the following sub-rule shall be substituted, namely :— “(1) Maharashtra State Candidature.—

(i) For admission to Three Years Degree Course (LLB) the eligibility criteria for the Maharashtra State Candidature shall be as follows, namely :—

TABLE

Sr.

No.

Maharashtra State Candidature Type Eligibility Criterion 1 A (i) A Graduate or Post Graduate candidate from a recognized institution in Maharashtra in any faculty of any University in Maharashtra established by an Act of Parliament or by a State Legislature or an equivalent National Institution recognized as a Deemed to be University or Foreign University in Maharashtra or outside the Maharashtra, as the case may be, recognized as equivalent to the status of an Indian University by an authority competent to declare equivalence ; and

(ii) A candidate who is either domicile of Maharashtra and / or is born in Maharashtra ;

Sr.

No.

Maharashtra State Candidature Type Eligibility Criterion 2 B A candidate who fulfills the criteria mentioned in clause (i) of “Type-A” but does not fulfil criteria mentioned in clause (ii) of “Type-A” above, but whose father or mother is domiciled in the State of Maharashtra and possesses domicile certificate.

3 C A candidate who fulfills the criteria mentioned in clause (i) of “Type-A” but does not fulfil criteria mentioned in clause (ii) of “Type-A” or “Type-B” but whose father or mother is an employee of the Government of India or Government of India Undertaking and who has been posted and reported to duty in Maharashtra State before the last date for submitting the Application Form for CAP.

4 D A Candidate who fulfills the criteria mentioned in clause (i) of “Type-A” but does not fulfil criteria mentioned in clause (ii) of “Type-A”, “Type-B” and “Type-C” but whose father or mother is an employee or retired employee of the Government of Maharashtra or Government of Maharashtra Undertaking.

5 E The candidates passing Under Graduate and or Post Graduate degree Examination or Equivalent Examination from a recognized institution from a disputed Maharashtra-Karnataka Border Area or from Maharashtra state, and residing in disputed Maharashtra-Karnataka Border Area and whose Mother tongue is Marathi.

(ii) For admission to Five years Integrated Degree course (LLB) the eligibility criteria for the Maharashtra State Candidature shall be as follows, namely :—

TABLE

Sr.

No.

Maharashtra State Candidature Type Eligibility Criterion 1 A (i) A candidate passing SSC and HSC or equivalent Examination from a recognized Institution in Maharashtra or outside the Maharashtra, as the case may be ; and

(ii) A candidate who is either domicile of Maharashtra and / or is born in Maharashtra ;

2 B A candidate who fulfills the criteria mentioned in clause (i) of “Type-A” but does not fulfil criteria mentioned in clause (ii) of “Type-A” above, but who or whose father or mother is domiciled in the State of Maharashtra and possesses domicile certificate.

3 C A candidate who fulfills the criteria mentioned in clause (i) of “Type-A” but does not fulfil criteria mentioned in clause (ii) of “Type-A” or “Type-B” but whose father or mother is an employee of the Government of India or Government of India Undertaking and who has been posted and reported to duty in the Maharashtra before the last date for submitting the Application Form for CAP.

4 D A candidate who fulfills the criteria mentioned in clause (i) of “Type-A” but does not fulfil criteria mentioned in clause (ii) of “Type-A”, “Type-B” and “Type-C” but whose father or mother is an employee or retired employee of the Government of Maharashtra or Undertaking of the Government of Maharashtra.

Sr.

No.

Maharashtra State Candidature Type Eligibility Criterion 5 E A candidate passing SSC and or HSC Examination or Equivalent Examination from a recognized institution from a disputed Maharashtra- Karnataka Border Area or from Maharashtra State, and residing in disputed Maharashtra-Karnataka Border Area and whose Mother tongue is Marathi.

4. In rule 8 of the principal Rules, in sub-rule (3), in clause (I), in the proviso, for clause (b), the following shall be substituted, namely :—

(i) Higher Percentage of aggregate Marks in Qualifying Examination i.e. HSC or Equivalent Examination ;

(ii) Higher Percentage of Marks in SSC or equivalent examination ;

(iii) Older in Age.”.

5. In rule 9 of the principal Rules,—

(1) in sub-rule (1),—

(i) before the existing clause (a), the following clause shall be inserted, namely :— “(a-i) The Colleges or Institutes willing to participate in the Centralized Admission Process (CAP) shall have to register for CAP as per schedule declared by the Directorate of Higher Education. The Colleges or Institutes approved by the Directorate of Higher Education shall only be considered for seat allotment in CAP Rounds.

In any case any new College or new additional division after commencement of process for CAP shall not be allowed to register for CAP and Institutional Level Round ;”;

(ii) for clause (g) the following clause shall be substituted, namely :— “(g) Filling up and confirmation of online option form having preferences of Institutions prior to CAP Round-I and CAP Round-III. The candidates may fill in preferences of Institutes in the order of their preference. The option form once confirmed prior to CAP Round-I shall be considered for allotment in the CAP Round-I and II and the option form confirmed prior to CAP Round III shall be considered for allotment in CAP Round III only ;”;

(2) after sub-rule (3), the following sub-rule shall be inserted, namely :— “(4) Conduct of CAP Round II.–

(a) The seats available for Round-II shall be published on the website.

(b) Round-II will be betterment Round for those candidates who have been allotted seat other than first preference and who have been not allotted any seat in Round-I.

(c) There shall be no further betterment option available to the Candidate after Round II. The allotment made and/or allotment retained in Round II shall be final ;”;

(3) in sub-rule (5),—

(i) for the heading “Conduct of CAP II-”, the heading “Conduct of CAP III.-” shall be substituted ;

(ii) in clause (a), for the word and letters “Round II”, the word and letters “Round III” shall be substituted ;

(iii) in clause (b), for the word and letters “Round-II”, the word and letters “Round- III” shall be substituted ;

(iv) in clause (c), for the words and letters “if the candidate is not allotted any seat in Round-II, the seat allotted in Round-I”, the words and letters “if the candidate is not allotted any seat in Round-III, the seat allotted in Round-I or II, as the case may be”, shall be substituted.

6. In rule 11 of the principal Rules,—

(1) for the heading “Allotment of seats by CAP Rounds I and II-”, the heading “Allotment of seats by CAP Rounds I, II and III.-” shall be substituted ;

(2) in sub-rule (1), for the words and letters “CAP Rounds I and II”, the words and letters “CAP Rounds I, II and III” shall be substituted ;

(3) after sub-rule (3), the following sub-rule shall be inserted, namely :— “(4) In CAP Round III.-

(a) For Minority Institutions, the allotment shall be given to the candidates as per following preference :—

(i) Stage I of sub-rule (3) of rule 10,

(ii) Stages I to III and Stage VII of sub-rule (1) of rule 10,

(iii) Stage II of sub-rule (3) of rule 10,

(iv) sub-rule (2) of rule 10,

(v) Stage III of sub- rule (3) of rule 10.

(b) For other than Minority Institutions, the allotment shall be given to the candidates as per following preference :—

(i) Stages I to III and Stage VII of sub-rule (1) of rule 10,

(ii) sub-rule (2) of rule 10.

7. In rule 12 of the principal Rules,-

(1) in clause (a), for the letters and words “CAP Rounds I and II,”, the letters and words “CAP Rounds- I, II and III” shall be substituted ;

(2) after clause (o), the following clauses shall be inserted, namely :—

(p) The candidates belonging to reserved category must have claimed so in his online registration form of Maharashtra State quota seats, and those candidates who have filled application form from reserved category and admitted on seats for reserved category shall have to submit the original Caste Validity Certificate, also the candidates belonging to VJ/DT(A), NT(B), NT(C), NT(D), OBC (including SBC) shall submit original non-creamy layer certificate valid upto 31st March of the following year of CET examination.

(q) The candidates belonging to EWS category shall claim so in his online registration form of Maharashtra State quota seats, failing which such claim shall not be entertained subsequently.

(r) The candidates belonging to reserved category who have secured admission on seats for reserved category in Round I and II on the basis of application receipt of CVC, NCL, TVC etc. are required to upload the necessary original certificate (CVC, NCL, TVC etc.) on or before the last date of the Round II. The candidates who failed to upload the necessary certificate, their admission shall be cancelled by the college through its login or through online system. These students may apply for the next round from open category, if they meet the requirements and conditions for the open category.

8. In rule 13 of the principal Rules, for clause (h), the following clause shall be substituted, namely :— “(h)(i) If any CAP seat remains or becomes vacant after the CAP Rounds, then in the Institutional Level Round, the same shall be filled in by the Candidate from the same Category for which it was earmarked during the CAP. Further if the seats remain vacant, then the seats shall be filled on the basis of Inter-Se-Merit of the applicants.

(ii) Further, if any CAP seats, ACAP seats, Institutional Quota seats and Management quota seats remains or becomes vacant after the cut-off date of the admission, then the vacant seats shall remain vacant and there shall be no admission in any College or Institute after the cut-off date declared by the Competent Authority.

9. In rule 16 of the principal Rules,—

(1) in sub-rule (2), for clause (b), the following clause shall be substituted, namely :- “(b) The Candidate who has passed the First Year (both first and second semester) or Second Year (both Third and Fourth Semester) or Third Year (both Fifth and Sixth Semester) or Fourth Year (both seventh and eighth Semester) examinations with all subjects, shall be eligible for transfer of Institution or course ;”;

(2) for sub-rule (4), the following sub-rule shall be substituted, namely:— “(4) The students, who are admitted through the Centralized Admission Process (CAP) only, shall be eligible for transfer of Institution or Course.”. By order and in the name of the Governor of Maharashtra,

PRATAP LUBAL,

Deputy Secretary to Government.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Act, 2015