CHAPTER
1 Preliminary (1)
These rules may be called
the Karnataka Pre-University Education (Academic, Registration, Administration
and Grant-in-aid etc.) Rules, 2006. (2)
They shall come into force
from the date of their publication in the official Gazette. In these rules,
unless the context otherwise requires,- (1)
Act means, the Karnataka
Education Act, 1983 (Karnataka Act 1 of 1995); (2)
Aided College means, a
recognised private Pre-University college or a Pre-University college run by a
local authority getting grant-in-aid partly or wholly from the Government; (3)
Department means the
Department of Pre-University Education in Karnataka; (4)
Director, Joint Director,
Deputy Director and Assistant Director shall mean respectively the Director of
Pre-University Education in Karnataka, Joint Director of Pre-University
Education, Deputy Director of Pre-University Education and Assistant Director
of Pre-University Education; (5)
Form means a Form appended
to these rules; (6)
Government Pre-University
college means a college established, and administered or maintained by the
State Government, but does not include a private college whose management has
been taken over for a limited period for the purpose of better management; (7)
Inspection Committee means a
committee comprising of the Senior most Principal of Government Pre-University
College, who shall act as the chairperson and a Senior Principal of an aided
College nominated by Deputy Director of whom one shall belong to Science
faculty; (8)
Optional subjects means any
combination of four subjects specified in Schedule-I; (9)
"Pre-University
College" means recognised college or an educational institution imparting
education for students who are appearing for I year and II year Pre-University
examination conducted by the Department of Pre-University Education; (10)
Private Un-aided
Pre-University College means a recognised Pre-University College run by a
private managing committee, which does not get grant-in-aid partly or wholly
from the State Government; (11)
"Private aided
Pre-University College" means a recognised Pre-University College run by a
private managing committee which gets grant-in-aid partly or wholly from the
State Government; (12)
"Schedule" means
Schedule appended to these rules; (13)
Section means, unless it
refers specifically to a section in a college, a section of the Act; (14)
Student strength means the aggregate
of the number of students who would have actually appeared and written the II
Pre-University examination in a subject in a college in the three consecutive
annual examinations proceeding the relevant year, increased by ten percent: Provided that the
student strength in the first year Pre-University Class of admission in a new
college shall be computed by actual head count of the students who have
produced their SSLC or 10th standard pass certificates and transfer
certificates and present during the working hours in a class room when such
head count is taken; (15)
Subject means a subject of
study specified in Schedule-II and taught in a Pre-University college in
accordance with the syllabus as may be specified by the department by
notification. CHAPTER
2 Classification and procedure for Establishment of Private Pre-University
Colleges. (1)
The Pre-University colleges
shall be classified as, Government Pre-University colleges, Local Authority
Pre-University college, Private aided Pre-University and Private unaided
Pre-University colleges. (2)
The private aided and
unaided Pre-University colleges which are functioning on the date of
commencement of these rules shall further be categorised into following groups,
namely:- (a)
Category A: Pre-University
college with own land and building as specified in rule 4 and with full
supplement of teaching and non-teaching staff as specified in sub-rule (8) of
rule 4. (b)
Category B: Pre-University
college with own land and building but not with sufficient land and building as
required under rule-4 and with full strength of teaching and non-teaching staff
as specified in sub-rule (8) of rule 4. (c)
Category C: Pre-University
college without own land and located in an unsuitable insufficient building but
with full strength of teaching and non-teaching staff as specified in sub-rule
(8) of rule 4. (1)
A registered Managing
Committee which is intending to establish a Pre-University college shall
intimate its intention to do so to the Director, in Form- I along with a fee of
Rs. 500.00 The Director shall record such intimation in a register kept in Form
II and thereafter issue a letter of intent to the managing committee within
thirty days from the date of intimation from the managing committee. (2)
Upon receipt of the letter
of intent, the managing committee intending to establish a Pre-University
college shall,- (a)
Within one year from the
date of letter of intent, acquire a minimum of 25,000 Sq. ft. of land on which
it intends to construct the college building including the principals chambers,
class rooms, library etc; (b)
within three years from the
date of letter of intent construct on the said land a building with the
following facilities and rooms which shall have a corridor or a veranda of at
least 8 ft. width abutting the entrance to the room, namely:- (i)
Principals chamber with a
minimum plinth area of 250 sq. ft., (ii)
Office room with a minimum
plinth area of 250 sq. ft., (iii)
Staff room with a minimum
plinth area of 500 sq. ft., (iv)
Waiting room with a minimum
plinth area of 500 sq. ft for the girls with attached toilets for simultaneous
use by 10 persons with sufficient water storage facilities, (v)
Toilets for boys with
facility for simultaneous use by 10 persons, (vi)
Library with a minimum
plinth area of 1000 sq. ft., (vii)
Reading room with a minimum
plinth area of 1000 sq. ft., (viii)
At least 6 lecture halls,
each measuring at least 22 ft. x 30 ft., (ix)
Bicycle stand with a
provision for parking minimum 100 bicycles at a time, (x)
If science subjects are
taught, then three laboratories, one for Physics, one for Chemistry and one for
Biology and if Electronics or Computer science subjects are taught separate
laboratories for these subjects with a minimum plinth area of 24 ft. x 60 ft.
each; (c)
Provide water, electricity
and sanitary facilities in the laboratories, class rooms, office rooms and
toilets making the building fit for running a Pre-University college; (d)
Provide desks, benches,
tables, office furniture, shelves, office equipments, apparatus and equipment
in the laboratories. (3)
The minimum requirements
specified in sub-rule (2), are meant for six sections and where language
subjects in Part-I are only two. For every additional language subject in
Part-I, one lecture hall and for every additional subject in Part-II, two
lecture halls shall be provided. (4)
The managing committee shall
after complying with the requirements of sub-rules (2) and (3), intimate in
writing to the Director the fact that they have acquired the necessary land,
constructed the building and provided the basic facilities and civil amenities,
etc., as required under sub-rule (2) and also specify the combinations of
subjects which they intended to teach. (5)
The Director shall record
such intimation in the register kept for the purpose and shall within the next
thirty days request the Inspection Committee to visit the place of the intended
location of the Pre-University college and hold inspection. (6)
The Inspection Committee
shall within thirty days thereafter inspect the land and building and submit
its report to the State Government through the Director giving specific
findings in respect of compliance of the specifications of this rule. (7)
The managing committee shall
furnish an undertaking to the Director in respect of the land and building
acquired and built as contemplated under this rule in the proforma specified in
Form-III to these rules and shall deposit of an amount of Rs.1,00,000/- in a
scheduled bank or a post office branch in the name of the Director of
Pre-University Education in Karnataka. (8)
After satisfying that the
managing committee has complied with the requirements of sub-rules (2) and
sub-rule (7), the State Government shall cause the Director to register the
Pre-University college in the register maintained in accordance with section
31, and shall within one month from the date of undertaking under sub-rule (7),
authorise the Managing Committee to recruit the minimum teaching and
non-teaching personnel, as follows:- (i)
one principal; (ii)
one lecturer for each
subject permitted to be taught including the subject taught by the principal; (iii)
one clerk, one peon and
where science subjects are to be taught, one laboratory attender. (9)
The managing committee shall
recruit the minimum teaching and non-teaching staff specified under sub-rule
(8) within three months from the date of issue of such an authorisation. (10)
The Director shall accord
recognition to the Pre-University college only after it has been registered in
accordance with the sub-rule (8) and that the managing committee has complied
with the requirements of sub-rule (9) and there after record the same in the
register maintained under sub-rule (1). (11)
If, in a Pre-University
college recruitment of teaching and non-teaching staff is completed in all
respects within the month of May of a calendar year, then the academic
activities, such as, admission of students, teaching in class rooms etc., may
commence from the month of June of the same calendar year. If the recruitment
of the teaching and non-teaching staff is completed after the month of May of a
calendar year, then the academic activities, shall commence only in the month
of June of the next calendar year. (12)
If the managing committee
fails to acquire the land within the stipulated time or construct the building
as required under sub-rule (2) the letter of intent if any given under this
rule shall be cancelled after providing an opportunity of being heard to the
managing committee. (1)
A Private Pre-University
College of category B which is functioning with the permission of the State
Government and recognition accorded by the Director prior to the date of
commencement of these rules, shall, provide the basic infra-structure and
facilities specified in sub-rule (2) of rule 4 within two years from the date
of commencement of these rules and shall furnish the undertaking agreement with
deposit in accordance with sub-rule (7) of rule 4. (2)
The managing committee of a
Private Pre-University College of Category C recognised prior to the date of
commencement of these rules shall shift the college to a regular building
either owned, rented or leased, if such an opportunity was not already given by
the Director, earlier, the managing committee shall simultaneously acquire the
land as specified in sub-rule (2) of rule 4, and provide the basic
infra-structural facilities in accordance with rule 4 within a period of two
years. (3)
A private pre-university
college of Category B in existence or functioning on the date of commencement
of these rules, fails to provide the infra-structural facilities as specified
in sub-rule (2) of rule 4 within the said period of two years, or if a Private
Pre-University College of Category C in existence or functioning on the date of
commencement of these rules, fails to comply with the requirements of sub-rule
(2), of rule-4 then the permission granted by the State Government to start the
said college and the academic recognition granted by the Director shall stand
be withdrawn after giving an opportunity of being heard, to the managing
committee. (4)
The Director shall publish
in the notice board of his office and in the newspaper a list of all the
Pre-University colleges which are recognised for the academic year, at least by
the end of May of the previous academic year and cause to publish the said list
in the notice Board of all the Pre-university Colleges in the State. No
Pre-University College which has not been recognised shall admit students
either to the first Pre-University Course or to the second Pre-University
Course during the academic year. (5)
Publication of the list of
recognised colleges in the notice board of the recognised colleges is deemed to
be a sufficient notice to the students and their parents about such colleges. The Director shall be
responsible for the proper functioning of Pre-University colleges in the State.
He shall ensure proper academic activity in the Pre-University colleges. The
Director shall be responsible for implementation and adherence and compliance
of these rules by all the Pre-University colleges by conducting periodical
inspections of such colleges in accordance with section 57. The Director may be
assisted by Joint Directors, Deputy Directors and Assistant Directors in
discharging these duties. In every district, the Director shall also be
assisted by a Deputy Director, who shall have the power to inspect
Pre-University colleges and verify compliance to these rules. CHAPTER
3 Recognition and Admissions in Private Pre-University Colleges (1)
The Pre-University colleges
of Category A which is in existence for a continuous period of not less than
ten years and the students of which are not involved in mass examination
malpractice in the previous ten years and which have a total student strength
of not less than 200 including first and second year Pre-University classes for
a continuous period of last ten years shall be recognised permanently. However,
the permanent recognition may be revoked for any violation of the provisions of
these rules or Karnataka Pre-University Course State Level Examination Rules
1997, after giving a notice to make representation, if any within a period of
thirty days. (2)
The provisional approval to
a Pre-University college granted under sub-section (6) of section 36 may be
extended for a period of three years at a time until it is permanently
recognised, subject to the following conditions, namely:- (a)
The college shall comply
with the requirements in respect of infrastructure and facilities specified in
these rules; (b)
The managing committee shall
give an undertaking to the Government in respect of the land and building on
which the college is located; (c)
The students of the college
should not have been involved in mass examination malpractice during the
previous academic year; (d)
The college should have
remitted the prescribed fees to the treasury. (3)
No private Pre-University
College falling under Category C of rule 3 shall be eligible for recognition. (1)
A pass in Secondary School
Leaving Certificate Course or tenth standard examination conducted by the
Karnataka State Secondary Education Examination Board or pass in an equivalent
examination shall be the minimum qualification for admission to the first year
Pre-University Course. (2)
No student shall be admitted
to first year Pre-University Course unless he produces the Secondary school
leaving certificate issued by the Karnataka State Secondary Examination Board
or by any other appropriate authority and the certificate shall not be returned
to the candidate till he completes the course or lawfully takes a discharge
from the college. A student shall have passed in the first year annual
examination or equivalent examination to qualify for admission to the second
year Pre-University class by securing a minimum of thirty marks in each subject
and an aggregate of thirty- five percent in Part-I and Part-II. (3)
The Pre-University colleges
shall conduct an annual examination for the students of first year
Pre-University classes at the end of each academic year as far as possible in
the month of March. There shall be a supplementary examination for students who
fail in the first year annual Pre-University examination in the month of June.
Students who pass in this examination are also eligible for admission to the
second year Pre-University Course in the same year. (1)
At the beginning of each
academic year and not later than the month of June of the that academic year,
every Pre-University College shall notify its intention to admit students to
the combination of subjects approved by the Director, and in conformity with
the reservation policy of the State Government and shall issue applications for
admission of students to first and second year Pre-University course. The
admission fees in aided college shall not exceed the amount specified in Schedule-II
to these rules. (2)
Every Pre-University college
shall complete the admission process complying with reservation policy and any
other direction that may be given by the State Government from time to time,
within the 15th of July each year and shall furnish a statement of student
admissions in Form-II and III containing the details of the students admitted
etc., to the Director within the 31st of August of the academic year. (3)
The Director shall
scrutinize the statement of students admitted, and, after satisfying himself
that the admissions have been made only to the approved combinations or
subjects and that the students admitted have the minimum educational
qualifications prescribed under these rules and also that the reservation of
seats in favour of the Scheduled Castes and Schedules Tribes and Other Backward
Classes have been maintained, shall approve the same, assign a student number
to each student so admitted and send a copy of the approved statement to the
college. (4)
A student whose admission is
not approved by the Director and who has not been assigned with a student
number shall not be eligible to study Pre-University course or appear for the
first year or the second year annual examination. (5)
A student seeking change
from one Pre-University college to another Pre-University college within the
state shall apply to the Director in Form-IV after paying the requisite fee.
The Principals of both the colleges shall give consent to such a change in the
prescribed form and the receiving college shall have a vacancy of seat in a
section to accommodate the student seeking the change. No student seeking
change of college shall be admitted without prior permission of the Director. CHAPTER
4 Subjects of study, Attendance, Teaching hours etc (1)
A student who has passed in
all the subjects and has completed the Pre-University course or equivalent
course is not eligible to join the Pre-University Course in the same subjects
and combination as a fresh student either in the college in which he had
studied earlier or in another college, either to first Pre-University course or
to the second Pre-University Course. (2)
A student who has passed in
all the subjects and completed the Pre-University course can join the
Pre-University course as a fresh student to the first Pre-University class with
a combination with distinctly different subjects, with the prior approval of
the Director. (3)
A student who has completed
the two year Pre-University Course but who has not passed the second
Pre-University examination is not eligible to join second Pre-University class
afresh either in the same subject or in different subjects. (4)
Every student shall
compulsorily study six subjects in the first year and the same six subjects in
the second year and of the six subjects, two shall be languages grouped as
Part-I and a combination of four optional subjects, grouped as Part-II. The
languages that can be studied by a student in Part-I are detailed in
Schedule-II. The optional subjects which can be selected by a student in Part
II is detailed in Schedule-I. (5)
A student can change the
subject or subjects of his study in the first year Pre-University Course within
the first three months of the first year Pre-University class, on condition
that he/she shall put in the required 75% of attendance in the intended changed
subject/s. The Principal is empowered to effect this change. (6)
After passing the I year
PUC, if the candidate wishes to change a maximum of two subjects (one language
and one subject) in the II year Pre-University course due to a valid reason
permission may be given by the Director on condition that the candidate has to
pass the district level examination of the I year Pre-University securing
minimum marks in the subjects he/she has changed over to at the II year
Pre-University. However no change of subject/s shall be permitted if it
involves practical examination subjects. (7)
A student who has completed
the two years study period but has not been able to complete the course by
passing in all the subjects or who has completed the course by passing in all
the subjects desires to study altogether different combination of subjects can
do so by obtaining prior permission of the Director to join the course afresh. (1)
Student strength shall be
the basis for determination of sections in a college. A section may comprise of
not more than eighty students. The Director shall determine the number of
sections that can be allowed to be formed in a college taking into
consideration the student strength, the infra-structural facilities available
in the college and requirement of the area. The managing committee and the
principal shall not admit students beyond the limit of the sections so
determined. (2)
A practical batch in a
science subject shall have a minimum of twenty students unless the total number
of students in the subject itself is less than that, in which case the entire
section itself shall be the batch. (3)
Every Pre-University college
may have upto three sections with three distinct combination of subjects during
the first year of its commencement, but there shall be at least two distinct
combinations. The minimum and maximum student strength for a Section shall be
forty and eighty respectively. No Pre-University college shall be entitled to
have a fourth combination of subjects in the second or the subsequent years
unless the student strength in at least two such combinations of subjects
exceeds forty. A fifth combination may be allowed only when the student
strength in the first three combinations exceeds forty in each combination and
so on and so forth. Additional sections in any approved combination shall not
be allowed unless the student strength in the existing section exceeds hundred. (4)
A minimum of ten students
shall be necessary in each of the languages taught in Part-I. If the student
strength in any of the approved languages or optional subjects gets reduced
below the prescribed student strength successively for three years then the
college shall not admit students to the said language or optional subjects in
the next academic year. Any admission made in violation of these rules shall be
void, ab-initio and the students shall not be eligible to appear for the annual
examinations. (1)
A student shall have
attendance of 75 percent of the total number of periods in each subject during
the academic year to become eligible to appear for the annual examination. (2)
The Director shall notify
the minimum number of hours of periods of teaching in respect of each subject
and also the minimum number of hours of experiments to be conducted by the
student in each science subject. A student who fails to put in the minimum period
of study and attendance in the class and also a science student who fails to
conduct the minimum hours of experiments in the laboratories successfully,
shall not be eligible to appear for the annual examination. (1)
Every Arts, Commerce and
language subjects shall be taught for a minimum of four hours per week per
section. Every Science subject shall be taught for a minimum of five hours per
week per section including two hours practical and the students shall be
required to do experiments in the laboratories for two hours per subject per
week. Mathematics subject shall be taught for a minimum of five hours per week
per section. (2)
Every Pre-University College
shall work for atleast two hundred and twenty days in an academic year. (1)
Every lecturer teaching
science subjects shall have a minimum work load of atleast twenty hours a week
including practicals and in case of Mathematics twenty hours a week. Every
lecturer teaching Arts or Commerce subjects or languages or subjects not
involving practicals shall have a minimum teaching workload of at least sixteen
hours per week. Every principal shall have a minimum teaching work load in the
following manner, namely:- (a)
If the Pre-University
college were to have only Arts and Commerce combinations with not more than two
sections in the first year and not more than two sections in the second year
and if the work load is not more than eight hours in the subject taught by the
principal, then the principal himself shall teach the subject. (b)
If the Pre-University
college having only Arts and Commerce combinations with more than two sections
in the first year and more than two sections in the second year and the
teaching workload is more than eight hours, then the principal shall teach only
eight hours and the remaining work shall be entrusted to a lecturer having
eight hours work load in another Government or aided Pre-University college
located nearby. If such a lecturer is not available then a lecturer in that
subject may be permitted to be appointed, but the principal shall teach at
least four hours per week. (c)
If the Pre-University
college were to be having science combination alone or in addition to other
combinations, and if the number of students in the science subject involving
practical taught by the principal were to be limited to one practical class
batch each in first and second year Pre-University classes. then the principal
himself shall teach and conduct practical in that subject. (d)
If the Pre-University
college were to have more than one practical batch in the first and second year
Pre-University classes, then the principal shall teach at least four hours in
that subject and the remaining work shall be entrusted to a lecturer having
work load upto ten hours only in another Government or aided Pre-University
college located nearby. If such a lecturer is not available, then a lecturer in
that subject may be permitted to be appointed, but the principal shall teach at
least four hours in that subject. (2)
If a vacancy in a subject
arises in an aided private Pre-University college wherein the work load is
limited to 8 hours and if a lecturer in that subject with 8 hours work load is
working in another aided Pre-University college located within a distance of
about 15kms, then no recruitment shall be permitted against such a vacancy and
the lecturer with 8 hours work load in the latter college shall teach another 8
hours in the former college and such a lecturer shall be paid fixed conveyance
allowance at the rate fixed by Government from time to time. (3)
Number of laboratory
attenders and workload for each laboratory attender in Pre-University colleges
shall be in accordance with the students strength batches and hours of work as
shown in Schedule-V, in Form VIII. (4)
Number of various
non-teaching staff in Pre-University colleges shall be in accordance with the
pattern given in Schedule-VI. Explanation: For the
purpose of calculating work load in a language subject which is also taught as
combination subject in Part-II, the total student strength in sections in
Part-I and Part-II shall be taken into consideration and shall be treated as
one subject. CHAPTER
5 AIDED PRE-UNIVERSITY COLLEGES Recruitment and Grants in aid (1)
A Managing Committee shall
be competent to appoint the teaching and non-teaching staff in a private aided
Pre-University College. The Managing Committee of a private aided
Pre-University college shall comply with the reservation roster for filling-up
post by the direct recruitment or by promotion to the extent and in a manner
specified by the Government from time to time, whenever it is applicable. The
minimum academic qualifications prescribed under the Karnataka General Services
Pre-University Education Recruitment Rules, 1996, shall be applicable to the
personnel of private aided pre-university colleges also. Every Managing
Committee shall maintain an employment register pertaining to the teaching and
non-teaching staff in which every appointment made shall be registered. An
extract of employment register shall be sent to Deputy Director as on 30th
September of every year. (2)
While examining the
appointments made by the private aided pre-university colleges, the Deputy
Director shall satisfy himself/herself that the person appointed has the
minimum educational qualification prescribed for the post and the caste
category-wise roster has been followed. If these requirements are not complied
with while making the appointment, the Director shall take necessary action to
withdraw recognition and shall stop the grant given to said posts, after giving
an opportunity of being heard, to the managing committee. (1)
A managing committee of a
private aided Pre-University college may notify a vacancy which arises in
accordance with Rule 16 after obtaining prior permission for doing so from the
Director. The notification shall be published on the notice board of the office
of the management; Pre-University college concerned; the Deputy Director of
Pre-University Education of the concerned district and further it shall be published
in at least one leading newspaper having largest circulation in the district.
The notification shall contain the description of the vacant post, caste
category reservation if any, the number and date of permission to advertise
accorded by the Director, the minimum qualification specified, the last date
fixed for submitting the application and marks and caste certificates to be
produced in support of the academic qualification and caste category. (2)
After the last date for
submitting the application is over, the management shall verify the particulars
of all the candidates whether eligible or otherwise serially in the order of
their academic merit, placing the candidate with the highest marks scored in
the Post Graduation degree in the first place. If the academic merit of more
than one candidate is same, the candidate older in age shall be placed above
the other. If the highest total marks prescribed for the qualifying
examinations of different candidates vary, then, the managing committee shall
prepare the list based on the percentage or a common denominator. (3)
For each post, five
applicants in the top of the list prepared under sub-rule (2) shall be called
for interview, unless the total number of applicants is less than 5, in which
case all the applicants shall be called for the interview. The management shall
consult the Deputy Director of the concerned district to fix a date and time
for the interview of the candidates and shall conduct the interview in the
premises of the concerned Pre-University College. (4)
The managing committee shall
constitute a recruitment committee comprising of four members; two representing
the managing committee, the third being the Deputy Director of the concerned
district, unless the Director nominates someone else by a specific order and
the fourth being a subject expert to be nominated by the managing committee. (5)
The candidates called for
interview shall demonstrate their ability to teach the subject and handle a
class by actually delivering a lecture before a class of students of concerned
college for at least twenty minutes in the presence of the recruitment
committee. (6)
Each member of the
recruitment committee may award a maximum of twenty-five marks and the total
interview marks that can be awarded to any candidate shall not exceed twelve
percent of the marks secured in the qualifying examination. (7)
The recruitment committee
shall then prepare a list of selected candidates showing the marks scored in
the Post Graduation examination and the marks awarded by the recruitment
committee separately and also the total marks against the name of each
candidate. (8)
The recruitment committee
shall prepare, in the order of merit, a panel of three selected candidates for
appointment to the post on the basis of the aggregate percentage of marks in
the qualifying examination and marks scored at the interview. The managing
committee shall send the appointment order to the person in the order of merit.
Prior approval of the Director shall be obtained before issuing the appointment
order to the selected candidate. (1)
In a composite private aided
Pre-University college, fifty per cent of the total posts of the lecturers shall
be filled by promotion from the cadre of Secondary School Assistants- if on the
date of arising of vacancy a Secondary School Assistant is eligible for
promotion, in accordance with sub-rule (2). (2)
A Secondary School Assistant
working in a composite private aided Pre-University college shall be eligible
for promotion to the post of a lecturer, if the Secondary School Assistant
possesses a post graduation degree in the subject in which he teaches in the
high school. (3)
When a private higher
secondary school or high school gets upgraded to a Pre-University college, the
headmaster of that school may act as the principal of the Pre-University
college, for the first two years of the up-gradation even if the headmaster is
not academically qualified to be a lecturer. But, the headmaster shall not be
eligible to become the principal beyond a period of four years unless the
headmaster has a post graduation degree in any of the subjects taught in that
Pre-University college and has served as headmaster for a minimum period of
five years or otherwise the managing committee shall take necessary action for
filling the post of principal by appointing either a lecturer from the same or
any other college who has put in not less than five years of service as a
lecturer in a recognised college in a post approved by the Department or a
person who has worked as a principal in another Pre-University college which
has been recognized by the Government. (1)
Subject to the financial
capacity of the Government, the scale of pay applicable to lecturers and
non-teaching personnel in Government Pre-University Colleges in accordance with
Karnataka General Services (Pre-University Education Recruitment) Rules, 1996
shall generally be applicable to the teaching and non-teaching personnel in the
Aided Pre-University Colleges unless otherwise ordered by the Government for
the purpose of release of grant-in-aid as extended by the Government, for
teaching and non-teaching aided employees from time to time. The employees of
Aided Pre-University Colleges shall be eligible only for such benefits and
allowances that have been extended and sanctioned specifically to such
employees by the Government from time to time. (2)
The posts and the persons
working in such posts in private aided Pre-University Colleges shall be
eligible for grant-in-aid only from the date of sanction of the grant-in-aid by
the Government and the earlier period of un-aided service shall not count for
any pay fixation, increment, leave, seniority and other service benefits
including pension. (3)
Consequent to the sanction
of salary grant-in-aid to an employee of aided Pre-University College, the
initial pay of such an employee shall be fixed at the minimum of the pay scale
applicable to the post and he will not be eligible for any monetary benefits
either notionally or otherwise in respect of the earlier period of un-aided
service. (4)
Salary to a post in private
aided Pre-University College shall be stopped if the minimum students strength
per section as specified under these rules is not maintained or fulfilled for
consecutive three academic years. (5)
Grant-in-aid may be released
to non-teaching staff of a private aided Pre-University College which started
functioning prior to first June, 1987 to the posts specified in Schedule-VI of
these rules if the appointment and approval is made prior to first day of June,
1992. (6)
In a private aided
Pre-University College where grant-in-aid is being released to more than one non-teaching
posts, if any such not-teaching post falls vacant due to death or retirement or
resignation, then that post ceases to be eligible for grant. If in respect of
institutions started functioning prior to first day of June 1987 all the
clerical posts are unaided, as on the date of coming into force of these rules,
then grant-in-aid may be released prospectively from the date of issue of such
order to only one post of either First Division Assistant or Second Division
Assistant as the case may be on the basis of seniority. If science sections
were to exist lawfully in such a college then, grant-in-aid may be released to
one post of laboratory attender. But, grant-in-aid shall not be released to
non-teaching posts which were not in existence prior to first June, 1987 and
the appointment had not been approved prior to first June, 1987 unless it is
the only post of First Division Assistant or Second Division Assistant or the
post of a Laboratory Attender. (7)
Whenever an employee of a
private aided Pre-University College is placed under suspension by the Managing
Committee, the managing committee shall complete the disciplinary proceedings
in respect of the said employee within a period of six months from the date of
suspension and the Government may release grant-in-aid for subsistence
allowance of the said employee for the period of said six months if prior
permission of the department is obtained for placing the official under
suspension. The managing committee shall be liable to pay the subsistence
allowance to such an employee beyond the period of six months of suspension. (8)
The Government may recover
from the managing committee of Private aided Pre-University College the amount
released by it as grant-in-aid if the same is mis-utilised or embezzled or mis-
appropriated by the managing committee and it may be recovered as arrears of
land revenue and while doing so, the land and building owned by the managing
committee may be attached and sold by the Deputy Commissioner of the concerned
district under the provisions of the Karnataka Land Revenue Act, 1964 to secure
the amount and for effective recovery of the dues. All Private
Pre-University Colleges including Pre-University Colleges run by the Private
Educational Institutions other than the Scheduled Castes and Scheduled Tribes
established or permitted to be established on or after First day of June, 1987,
but started functioning from the academic year 1987-88 onwards shall be
permanently ineligible for grant-in-aid. ** All Private Educational
Institutions run by the persons belonging to the Scheduled Caste or the
Scheduled Tribes established or permitted to be so established on or after the
31st day March 1992, or such of those institutions permitted to the established
prior to the 31st day of March 1992, but started functioning from the academic
year 1992-93 onwards for imparting Pre-University education shall be
permanently ineligible for grant-in-aid. (1)
The staff working in aided
posts in a aided private pre-university college may be transferred to an aided
post in another private pre-university college with the prior approval of the
Director, if the posts in both the colleges are same in nature and both the
managements agree to the proposal. The person so, transferred will be the
junior most in the cadre in the transferred college. However his service in the
previous aided institution will count for the purposes of salary, leave and
pensionery benefits. (2)
Teaching and non-teaching
personnel working in an aided Pre-University college against aided posts found
surplus due to lack of work load or for any other reason shall be transferred
by the Commissioner/Director, Pre-University Education to another aided
Pre-University college either under the same managing committee or under a
different managing committee against an aided post in the the same subject.
However, the grant-in-aid shall be continue for such aided posts till a vacancy
is found in another aided college. Action will be taken against both the
management and the officer concerned who are responsible for concealing the information
regarding availability of such vacancies. (1)
Every employee in a private
aided and unaided Pre-University college shall maintain absolute integrity,
devotion to duty and do nothing which is unbecoming of an employee of an
educational institution. (2)
(a) Every employee shall,- (i)
be punctual in attendance in
respect of his work and any other work connected with the duties assigned of
him by the Head of the institution; (ii)
abide by the rules and
regulations of the institution and show due respect to higher authority; (b)
No employee shall,- (i)
knowingly or unknowingly
neglect his duties; (ii)
remain absent from the
institution without leave or without the previous permission of the head of the
institution; (iii)
engage in, or encourage, any
form of mal-practice connected with examinations or any other school activity; (iv)
accept private tuition. (3)
The following shall
constitute misconduct,- (a)
indulging in communal
activities or propagating casteism; (b)
ill-treatment of students or
other employees and indulging in unruly or disorderly behaviour or violence; (c)
taking part in politics or
elections in any manner; (d)
joining an Association, the
object of which is prejudicial to the interest of the country; (e)
participation in a
demonstration or strike which is prejudicial to the interest of the sovereignty
and integrity of India and security of the State; (f)
criticising in public
current policies of State or Central Government; (g)
Accepting contribution or
raising funds without previous sanction of the managing committee; (h)
bringing or attempt to bring
political or other influence for furtherance of his own interest; (i)
accepting any gift except a
casual meal, lift or other social hospitality. However, on social occasions a
gift could be accepted if its value is less than Rs.250/-; (j)
giving, taking or abetting
the giving or taking of dowry; (k)
engaging in any private
trade or employment; (l)
writing or editing any text
book while being a member of the Text book committee; (m)
speculating stock, share or
investment; (n)
becoming insolvent and/or
getting into habitual indebtedness; (o)
acquisition, disposal of
movable or immovable properties without previous sanction of management or
entering into any transaction with any foreigner or foreign
organisation/Government for acquisition an disposal of property; (p)
acting as a legal guardian
of minor other than his dependant without the previous sanction of managing
committee; (q)
contracting second marriage
during the subsistence of the first marriage without obtaining permission of
the managing (r)
committee or entering into a
bigamous marriage where the personal law of employee does not permit such
marriage; (s)
consumption of intoxicating
drugs or drinks. The penalties
specified Karnataka Civil Services (Classification, Control and Appeal) Rules,
1957 shall mutatis-mutandis apply to the employees of the private aided
Pre-university college. (1)
The managing committee shall
be competent to impose penalties specified in rule 27. Provided that in case
of employees working in aided posts, the managing committee shall obtain the
prior approval of the Director, Pre-University Education for imposing any of
the penalties on any employee. (2)
A managing committee shall
be competent to initiate disciplinary proceedings against its employees in
accordance with these rules. However, the Director shall be competent to
initiate a disciplinary enquiry and impose punishment on any employee of a
private aided Pre-University college whose salary grants are released by the Government,
on the grounds of misappropriation or mis-utilisation of Government funds or on
charges of examination malpractice. The Director is also competent to initiate
domestic enquiry against employees whenever the managing committee gives up the
right in favour of the Director in accordance with the Pre-University Course
State Level Examination Rules, 1997. (3)
In all the disciplinary
proceedings, the Director shall be competent to appoint the enquiry officer
either suo-motu if the enquiry is ordered by him under sub-rule (2) or on a
proposal by a managing committee if the charges are framed by the managing
committee. (4)
Where the enquiry is ordered
by the Director suo-motu, then the enquiry officer shall be a serving
Government servant. If the enquiry is proposed by the managing committee then
the enquiry officer may be a serving or retired Government servant or a legal
practitioner. If a retired government servant or a legal practitioner is
appointed as the enquiry officer, then the managing committee shall deposit an
amount of Rs.2,000/- with the Director and the same shall be payable to the
person appointed as enquiry officer upon completion of the enquiry and
submission of the report to the Director. (5)
The Director shall take a
decision on the report if the enquiry is ordered by him or send the report to
the managing committee for a decision if the enquiry had been sought by the
managing committee. An appeal shall lie on the said decision to the Education
Appellate Tribunal. (1)
No order imposing any of the
penalties specified as per Rule 27 and Karnataka Civil Service (C.C.A.) Rule
1957 shall be made except after an inquiry held, as far as may be, in the
manner provided in these rules. (2)
Where it is proposed to hold
an inquiry against an employee of a private aided Pre-University college under
this rule, the Director or the managing committee as the case may be shall draw
up,- (i)
the substance of the
imputations of misconduct or misbehaviour into definite and distinct articles
of charges; (ii)
a statement of the
imputations of misconduct or misbehaviour in support of each article of
charges, which shall contain,- (a)
a statement of all relevant
facts including any admission or confession made by the employee; (b)
a list of documents by
which, and list of witnesses by whom, the articles of charge are proposed to be
sustained. (3)
The Director or the
concerned Managing Committee as the case may be shall deliver or cause to be
delivered to the employee of a private aided Pre-University college a copy of
the articles of charge, the statement of the imputations of misconduct or
misbehaviour and a list of documents and witnesses by which each article of
charges is proposed to be sustained and shall require the employee to submit,
within such time as may be specified, a written statement of his defence and to
state whether he desires to be heard in person. (4)
On receipt of the written
statement of defence the Director or the Managing Committee as the case may be,
may appoint, under sub-rule (4) of rule-28, an enquiry officer for the purpose,
and where all the articles of charges have been admitted by the employee in the
employees written statement of defence, the enquiry officer shall record the
findings on each charge after taking such evidence as the enquiry officer may
think fit and shall submit a report to the Director or the managing committee
findings in respect of each article of charges, and the reasons thereof. (5)
If no written statement of
defence is submitted by the employee, the Director may enquire into the
articles of charge or, if the Director considers it is necessary to do so, may
appoint under sub-rule (4) of rule 29, an enquiry officer for the purpose. (6)
Where the Director appoints
an Inquiry officer for holding an inquiry into such charge, the Director by an
order, may appoint an officer or an employee of the Department as
"Presenting Officer" to present the case in support of the articles
of charge. (7)
The Director or Managing
Committee as the case may be shall forward to the enquiry officer, - (i)
a copy of the articles of
charge and the statement of imputations of misconduct or misbehaviour; (ii)
a copy of the written
statement of defence, if any, submitted by the employee; (iii)
a copy of the list of
witnesses, if any, referred to in sub-rule (2); (iv)
a copy of the list of
documents, if any, referred to in sub-rule (2);and (v)
a copy of the order
appointing the "Presenting Officer. (8)
The employee of a private
Pre-University college shall appear in person before the enquiry officer on
such day and at such time as the enquiry officer may, by a notice in writing,
specify in this behalf if the employee who has not admitted any of the articles
of charge in his written statement of defence or has not submitted any written
statement of defence, appears before the enquiry officer, such officer shall
ask him whether he is guilty or has any defence to make and if he pleads guilty
to any of the articles of charge, the enquiry officer shall record the plea,
sign the record and obtain the signature of the employee thereon. (9)
The employee may take the
assistance of any colleague or an employee or a retired employee to present the
case on his behalf, but may not engage a legal practitioner for the purpose
unless the Presenting Officer appointed by the Director or Managing Committee
as the case may be is a legal practitioner, or, the Director, having regard to
the circumstances of the case, so permits: Provided that if the
retired employee is also a Legal Practitioner, the employee shall not engage
such person unless the Presenting Officer appointed by the Director or Managing
Committee in the case may be is Legal Practitioner or the Disciplinary
Authority having regard to circumstances of the case, so permits. (10)
The Inquiry officer shall
return a finding of guilt in respect of those articles of charge to which the
employee pleads guilty. (11)
The Inquiry officer shall,
if the employee fails to appear within the specified time or refuses or omits
to plead, require the Presenting Officer to produce the evidence by which he
proposes to prove the articles of charges, and adjourn the case to a later date
not exceeding thirty days, after recording the reasons that the employee may
for the purpose of preparing the employees defence,- (i)
inspect within five days of
the order or within such further time not exceeding five days as the enquiry
officer may allow, the documents specified in the list referred to in
sub-rule(2) ; (ii)
submit a list of witness to
be examined on his behalf; (iii)
apply orally or in writing
to inspect and take extracts of the statements, if any, of witness mentioned in
the list referred to in sub rule-(2) and the enquiry officer shall permit him
to take such extracts as early as possible and in any case not later than three
days before the commencement of the examination of the witnesses on behalf of
the disciplinary authority; (iv)
give a notice within ten
days of the order or within such further time not exceeding ten days as the
enquiry officer may allow for the discovery or production of any documents
which are in the possession of the Department or the management but not
mentioned in the list referred to in sub-rule (2): Provided that the
employee shall indicate the relevance of the documents required by him to be
discovered or produced by the Department or the managing committee. (12)
The Inquiry officer shall,
on receipt of the notice for the discovery or production of documents, forward
the same or copies thereof to the authority in whose custody or possession the
documents are kept, with a requisition for the production of the document by
such data as may be specified in such requisition: Provided that the
Inquiry officer, for reasons to be recorded in writing may refuse to
requisition such of the documents as are, in his opinion, not relevant to the
case. (13)
On receipt of the requisition
referred to in sub-rule (11), every authority having the custody or possession
of the requisitioned documents shall produce the same before the Inquiry
officer : Provided that if the
authority having the custody or possession of the requisitioned documents is
satisfied for reasons to be recorded by it in writing that the production of
all or any of such documents would be against the public interest or security
of the State, it shall inform the enquiry officer accordingly and the enquiry
officer shall, on being so informed, communicate the information to the
employee and withdraw the requisition made by it for the production or
discovery of such documents. (14)
On the date fixed for the
inquiry, the oral and documentary evidence by which the articles of charge are
proposed to be proved shall be produced by or on behalf of the employer. The
witnesses shall be examined by or on behalf of the Presenting Officer and may
be cross-examined by or on behalf of the employee. The Presenting Officer shall
be entitled to re-examine the witnesses on any points on which they have been
cross-examined, but not on any new matter, without the leave of the enquiry
officer. The Inquiry officer may also put such questions to the witnesses as he
thinks fit. (15)
If it, appears necessary
before the close of the case, the Inquiry officer may allow the Presenting
Officer to produce evidence not included in the list given to the employee or
may call for new evidence or recall and re-examine any witness and in such case
the employee shall be entitled to have, if he demands it, a copy of the list of
further evidence proposed to be produced and an adjournment of the inquiry for
three clear days before the production of such new evidence, exclusive of the
day of adjournment and day to which the inquiry is adjourned. The enquiry
officer shall give the employee an opportunity of inspecting such documents
before they are taken on the record. The Inquiry officer may also allow the
employee to produce new evidence, if he is of the opinion that the production
of such evidence is necessary in the interests of justice. (i)
Note: New evidence shall not
be permitted or called for or any witness shall not be recalled to fill up any
gap in the evidence. Such evidence may be called only when there is an inherent
lacuna or defect in the evidence which has been produced originally. (16)
When the case of the
managing committee or the Director is closed, the employee shall be required to
state his defence, orally or in writing as he may prefer. If the defence is made
orally, it shall be recorded and the employee shall be required to sign the
record. In either case a copy of the statement of defence shall be given to the
Presenting Officer, if any, appointed. (17)
The evidence on behalf of
the employee shall then be produced. The employee may examine himself on his
own behalf if he so prefers. The witnesses produced by the employee shall then
be examined and shall be liable to cross-examination, re-examination and
examination by the enquiry officer according to the provisions applicable to
the witnesses for the Disciplinary authority. (18)
The Inquiry officer may,
after the employee closes his case, and shall, if the employee has not examined
himself, generally question him on the circumstances appearing against him in
the evidence for the purpose of enabling the employee to explain any
circumstances appearing in the evidence against him. (19)
The Inquiry officer may,
after the completion of the production of evidence, hear the Presenting Officer
and the employee and permit them to file written arguments about their
respective cases, if they so desire. (20)
If the employee, to whom a
copy of the articles of charge has been delivered, does not submit the written
statement of defence on or before the date specified for the purpose or does
not appear in person before the enquiry officer or otherwise fails or refuses
to comply with the provisions of this rule, the enquiry officer may hold the
inquiry ex-parte. (21)
Whenever any Inquiry
officer, after having heard and recorded the whole or any part of the evidence
in an inquiry ceases to exercise jurisdiction therein and is succeeded by
another enquiry officer who has, and who exercises, such jurisdiction, the
enquiry officer so succeeding may act on the evidence so recorded by the
predecessor or partly recorded by the predecessor and party recorded by
succeeding enquiry officer: Provided that if the
succeeding Inquiry officer is of the opinion that further examination of any
witnesses whose evidence has already been recorded is necessary in the interest
of justice, enquiry officer may recall, any witness and allow
cross-examination, and re-examine of such witness as herein before provided. (22)
(i) After the conclusion of
the inquiry, a report shall be prepared and it shall contain,- (a)
the articles of charges and
the statement of imputation of misconduct or misbehaviour; (b)
the defence of the employee
in respect of each articles of charge; (c)
an assessment of the
evidence in respect of each article of charge; (d)
the findings on each article
of charge and the reasons thereof. Explanation.- If in
the opinion of the enquiry officer the proceedings of the enquiry establish any
article of charge different from the original articles of the charge, it may
record its findings on such article of charge: Provided that the
finding on such article of charge shall not be recorded, unless the employee
has either admitted the facts on which such article of charge is based or has
had a reasonable opportunity of defending himself against such article of
charge. (ii)
The Inquiry officer shall forward to the Director the record of Inquiry which
shall include,- (a)
the report prepared by him
under clause(i); (b)
the written statement of
defence, if any submitted by the employee; (c)
the oral and documentary
evidence produced in the course of inquiry; (d)
written briefs, if any,
filed by the Presenting Officer or the employee or both during the course of
the enquiry: and (e)
the orders, if any made by
the Director and the enquiry officer in regard to the enquiry. (1)
The Director or the Managing
Committee as the case may be, may for reasons to be recorded in writing remit
the case to the Inquiry officer for further enquiry and report, and the enquiry
officer shall thereupon proceed to hold further enquiry according to the
provisions of rule 29 as far as may be. (2)
The Director or the managing
committee as the case may be shall in case of disagreement with the findings of
the enquiry officer on any article of charges record the reasons for such
disagreement and record the findings on such charge if the evidence on record
is sufficient for the purpose. (3)
If the Director or managing
committee as the case may be, having regard to the findings, on all or any of
the articles of charges is of the opinion that one or more of the penalties
specified in the Karnataka Civil Services (Classification, Control and Appeal)
Rules be imposed on the employee, it shall, notwithstanding anything contained
in these rule, make an order imposing such penalty.Karnataka Pre-University
Education (Academic, Registration, Administration And Grant-In-Aid Etc.) Rules,
2006
[09 October 2006]
A vacancy in the cadre of lecturers in a private Pre-University college will
come into operation only if the subject and the number of posts in that subject
are approved by the Director on the basis of the norms prescribed under rules
10 and 13. However, eligibility for grant-in-aid shall be determined in accordance
with rule 21.
The Managing committee of a linguistic or religious minority college may
appoint any person, even if he is not working as a lecturer or as a headmaster
in the Pre-University college or the high school section of the Pre-University
college, as the principal of the Pre-University college managed by it, if the
person has a post graduation degree in any of the subjects taught in the
Pre-University college and has worked as a lecturer in a Pre-University college
for a period of not less than five years or in case of up-gradation of high
school to a Pre-University college, as a headmaster in a high school for not
less than a period of ten years.
All direct recruitment and promotion vacancies in aided Pre-University colleges
shall be filled in accordance with the reservation Policy of the State
Government as provided from time to time.
The aided private pre-university colleges shall collect the fees from the
students and utilize the same, as specified in Schedule-VI.
Every employee of a private aided and unaided Pre-University college shall be
governed by the prescribed code of conduct as per Education Act and these
rules. If he violates any provision thereof he shall be liable for disciplinary
action.
All Pre-University colleges shall maintain the registers and books enumerated
in Schedule-VII.