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. B.ED. 4623/C.R.110/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 Professional Undergraduate and Post-graduate Teacher Training Programme i.e. Bachelor of Education, Bachelor of Physical Education, Master of Education, Master of Physical Education) Rules, 2017, namely:–

1. These rules may be called the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admission to the Professional Undergraduate and Post-graduate Teacher Training Programme i.e. Bachelor of Education, Bachelor of Physical Education, Master of Education, Master of Physical Education) (*Amendment) Rules, 2023.

2. In rule 3 of the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admission to the Professional Undergraduate and Post-graduate Teacher Training Programme i.e. Bachelor of Education, Bachelor of Physical Education, Master of Education, Master of Physical Education) 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 Bachelor of Education (B.Ed.), Master of Education (M.Ed.), Bachelor of Physical Education (B.P.Ed.), Master of Physical Education (M.P.Ed.) and Integrated Bachelor of Education and Master of Education Course (Integrated B.Ed. and M.Ed.) the eligibility criteria for the Maharashtra State Candidature shall be as follows, namely:– Table Sr.

No.

Maharashtra State Candidature Type Eligibility Criteria

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

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

2. B A candidate who fulfills the criteria mentioned in clause (i) of “Type A”, but does not fulfil criteria mentioned 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 the 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 Graduate degree and/ or Post Graduate degree Examination or Equivalent Examination from a recognized Institution from a disputed Maharashtra-Karnataka Border Area or from the Maharashtra State, and residing in the disputed Maharashtra-Karnataka Border Area and whose Mother tongue is Marathi.

(ii) For admission to four years Integrated Degree Courses of Bachelor of Science – Bachelor of Education (B.Sc. B.Ed.) or Bachelor of Arts – Bachelor of Education (B.A. B.Ed.), the eligibility criteria for the Maharashtra State Candidature shall be as follows, namely:- Table Sr.

No.

Maharashtra State Candidature Type Eligibility Criteria

1. A (i) The candidates passing SSC and HSC or equivalent Examination from a recognized Institution in the 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 the Maharashtra;

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

3. C A candidate who fulfills the criteria mentioned in clause (i) in “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 State before the last date for submitting the Application Form for CAP.

4. D A Candidate who fulfills the criteria mentioned in clause (i) in “Type A”, but does not fulfil criteria mentioned in clause (ii) of “Type-A”, “Type-B” or “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 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 the disputed Maharashtra-Karnataka Border Area and whose Mother tongue is Marathi.

4. In rule 8 of the principal Rules, in sub-rule (3), after clause (IV), the following clause (V) shall be inserted, namely:— (V) For admission to the First Year of the Four years Integrated Degree Courses of Bachelor of Science – Bachelor of Education (B.Sc. B.Ed.) or Bachelor of Arts – Bachelor of Education (B.A. B.Ed.).

(i) The merit list for the Candidates as per rules 5(1), 5(2), 5(3) and 5(6) of these rules, shall be prepared on the basis of marks or score secured by the Candidate in the CET conducted by the Competent Authority:

Provided that, in case of tie, the relative merit of candidates shall be resolved in the following order of preference and the methodology as specified below,—

(a) higher percentage of aggregate Marks in Qualifying Examination i.e. HSC or Equivalent Examination;

(b) higher percentage of Marks in SSC or equivalent examination;

(c) older in age.

(ii) The merit list for the NRI/OCI/PIO and Foreign Students Candidates stated at rules 5(4) and 5(5) shall be prepared on the basis of the percentage of marks in Qualifying Examination:

Provided that, in case of tie, the relative merit of Candidates shall be resolved in the following order or preference and the methodology, as specified below:-

(a) higher percentage of aggregate Marks in Qualifying Examination i.e. HSC or Equivalent Examination;

(b) higher percentage of marks in SSC or equivalent examination;

(c) 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:– “(I-a) 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 registered and 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 shall not be allowed to register for CAP and Institutional Level Round after commencement of process for CAP;”;

(ii) for clause (e), the following clause shall be substituted, namely:— “(e) Display or publishing of provisional merit lists, submission of grievances, if any, through the method prescribed by the Competent Authority for this purpose and display or publishing of final merit lists.”.

(iii) 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 order of their preference. The option form once confirmed prior to CAP Round-I shall be considered for allotment in the CAP Rounds 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 shall 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),—

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

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

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

(d) 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 up to 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 Rounds 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 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 (g), the following clause shall be substituted, namely:— “(g)(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 (against CAP) 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.”.

10. In the Schedule-I appended to the principle Rules, for Part-A the following shall be substituted, namely:— “PART-A (For First Year Admission) (See rules 7 and 9) Allocation of seats within Sanctioned Intake Sr.

No.

Type of Institution No. of Seats - as % of Sanctioned Intake CAP Seats Maharashtra State (M.S.) Candidates All India Seats Minority Quota 5% Quota for

NRI PIO, OCI,

Foreign National

1. Unaided Private Professional Educational Institutions for B.Ed/ M.Ed. (excluding minority institutions) 5%^ Nil 5%

2. Unaided Minority Educational Institutions for B.Ed/ M.Ed.

Non- Autonomous* 5% Minimum

3. Unaided Private Professional Educational Institutions for B.P.Ed/M.P.Ed (excluding minority institutions) 15%^ Nil 5%

4. Unaided Minority Educational Institutions for B.P.Ed/ Non- Autonomous* 15% Minimum CAP Seats = Sanctioned Intake $ M.S. Seats = CAP Seats- (All India Seats + Minority Quota + NRI/OCI/PIO/Foreign Quota) % Percentage * The seats excluding the Minority Quota shall be filled in the stipulated percentage from the Maharashtra State Candidature Candidate and All India Candidature candidates and NRI/OCI/ PIO/Foreign candidates.

@ These are the minimum percentage of seats to be filled in the Minority Institution through CAP, this may be extended up to 100%. However before commencement of the CAP, such Institution shall declare and inform to the Competent Authority, the maximum percentage of minority quota to be filled in their institution.

^ One seat reserved for Jammu and Kashmir Migrant Candidates. This seat shall be filled by the Competent Authority as per the policy of the Government. If the seat remains vacant, it shall be filled through All India Candidature candidate.”.

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