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Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions to the Full Time Professional Post Graduate Technical Courses) Rules, 2017

Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions to the Full Time Professional Post Graduate Technical Courses) Rules, 2017

MAHARASHTRA UNAIDED PRIVATE PROFESSIONAL EDUCATIONAL INSTITUTIONS (REGULATION OF ADMISSIONS TO THE FULL TIME PROFESSIONAL POST GRADUATE TECHNICAL COURSES) RULES, 2017

PREAMBLE

 

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), and in supersession of Government Notification, Higher and Technical Education Department, No. TEM-2015/CR 536/TE-4 dated 11th March 2016, the Government of Maharashtra hereby makes the following rules to regulate admissions to the First and Direct Second Year of Full Time Professional Post Graduate Technical Courses (Engineering and Technology, Pharmacy, Architecture, Hotel Management and Catering Technology, Management and Computer Applications), namely.-

Rule - 1. Short title and commencement.--

(1)     These rules may be called the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions to the Full Time Professional Post Graduate Technical Courses) Rules, 2017.

(2)     They shall come into force with effect from 24th April 2017.

Rule - 2. Definitions.--

 

(1)     In these rules, unless the context otherwise requires,-

(a)      "Act" means the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Act, 2015 (Mah. Act XXVIII of 2015);

(b)      "Admission Reporting Centre" means a centre where the Candidate shall report for confirmation of admission by verification of documents and payment of fees;

(c)      "All India Seats" means seats available to any eligible Indian National Candidate;

(d)      "Application Form" means prescribed form filled up online by the Candidate for admission;

(e)      "Autonomous Institution" means the institution to which autonomy is granted by the University Grants Commission;

(f)       "CAP Seats" means the seats filled in through the centralized process of admission carried out by the Competent Authority;

(g)      "Courses" means the full time Post Graduate Professional technical courses in Engineering and Technology, Pharmacy, Architecture, Hotel Management and Catering Technology, Management and Computer Applications;

(h)     "Department" Means the Higher and Technical Education Department of Government of Maharashtra;

(i)       "Eligible Candidates" means the candidates who are eligible for different professional courses as notified by the Government, from time to time under sub-section (1) of section 3 of the Act;

(j)       "Facilitation Centre" means a Centre where the facilities like sale of application kits, filling online forms, verification of documents and grievances, etc., are provided;

(k)      "Home University (HU)" means the university area as specified in sub-rule (1) of rule 5 herein;

(l)       "HSC" means the Higher Secondary School Certificate (Standard XII) examination conducted by the Maharashtra State Board of Secondary and Higher Secondary Education or its equivalent certificate awarded by recognized Board;

(m)    "Institutional Quota" means seats available for admission to eligible Candidates at Institution level as declared by the Government or appropriate authority, from time to time;

(n)     "Inter-Se-Merit" means the order of merit declared by the Competent Authority in respect of various classes/category of Candidates;

(o)      "Minority Quota" means seats earmarked for the Minority Community Students from within the State, belonging to the Minority community to which the institution belongs;

(p)      "Non-Autonomous Institution" means those institutions which are not 'Autonomous Institution';

(q)      "Overseas Citizen of India (OCI)" means a candidate or a person registered as an Overseas Citizen of India as declared by the Central Government under section 7A of the Citizenship Act 1955 and includes Persons of Indian Origin (PIO);

Explanation: For the purposes of this clause, all the existing Persons of Indian Origin (PIO) cardholders registered under notification of the Government of India, Ministry of Home Affairs No. F. No. 26011/04/98- F. I, dated 19th August 2002 and shall now be deemed to be Overseas Citizen of India (OCI) card holders by virtue of Notification of Government of India, Ministry of Home Affairs, No. 25024/9/2014-F.I., dated 9th January, 2015;

 

(r)      "OHU" means the area Outside Home University area;

 

(s)      "Qualifying Examination" means examinations on the basis of which a Candidate becomes eligible for admission or its equivalent examination;

 

(t)       "Sponsored Candidate" means the candidate having minimum of two years of full time work experience counted after the date of declaration of result of qualifying degree till the last date of receipt of application in a registered firm or company or industry or educational and/or research institute/any Government Department or Government Autonomous Organization in the relevant field in which admission is being sought;

 

(u)     "SSC" means the Secondary School Certificate (Standard X) examination conducted by Maharashtra State Board of Secondary and Higher Secondary Education or its equivalent certificate awarded by a recognized Board;

 

(v)      "Supernumerary Seats" means seats which are over and above the Sanctioned Intake approved by the appropriate authority and the Government, from time to time.

(2)     Words and expressions used but not defined in these rules shall have the same meanings respectively assigned to them in the Act.

Rule - 3. Invitation of Application.--

(1)     The Competent Authority shall invite Online Applications from Candidates for participating in CET and / or CAP for seeking admission to the Professional Courses for which State CET or alternative entrance examination is required for the academic year.

(2)     The Competent Authority shall invite online applications in the prescribed form, from the eligible candidates for participating in Centralized Admission Process (CAP) for seeking admission to the post graduate Technical Courses, which are exempted as per provisions of the Act.

(3)     The Competent Authority shall also invite online application form from the eligible candidates for participating in Centralised Admission Process (CAP) to the post graduate technical courses for which the entrance test is conducted by the appropriate authority under any Central Act and shall be applicable for seeking admission to such professional courses, as per the provisions of the Central Act, rules and regulations made thereunder.

 

(4)     The Candidates seeking admissions to the professional courses for the seats provided in -

(a)      rule 7(1),7(2), 7(3) and 7(5)(b) of these rules shall apply to the Competent Authority for admission through Centralized Admission Process (CAP),

(b)      rule 7(4) and 7(5) (a) of these rules shall initially apply to the Competent Authority, for verification of documents and then to respective institute, to enable the institutions to give admissions to such eligible applicants on the basis of Inter-Se-Merit, as specified in rule 13.

(5)     The Candidate should submit, along-with the application, the requisite certificates, as applicable in the necessary Proforma issued by the concerned competent authority.

Rule - 4. Declaration of Medium, Pattern, Syllabus, Schedule, etc. of CET and CAP.--

(1)     The Competent Authority shall, in relation to Common Entrance Test (CET), declare-

(a)      Medium of CET;

(b)      Pattern of CET;

(c)      Mode of CET;

(d)      Schedule of CET;

(e)      Issue of Hall Ticket;

(f)       Result of CET;

(g)      Schedule of CAP, etc.,

(2)     The Competent Authority shall also declare the Syllabus relating to CET in consultation with the Director of Technical Education.

(3)     The Concerned Directorate shall publish the "Information Brochure"

Rule - 5. Candidature Type.--

(1)     Maharashtra State Candidature.--

A.        Type Eligibility Criterion Home University

(i)       Candidates passing HSC or passing diploma in Engineering or Technology or Pharmacy and also Qualifying Examination from a recognized institution in Maharashtra State

 

(ii)      Candidate who is either Domicile of Maharashtra and/or is born in Maharashtra;

 

(iii)     Place of passing of Qualifying Examination falling within the jurisdiction of the respective University area.

 

B.        A Candidate who does not fall in Type A above, but who or whose father or mother is domiciled in the State of Maharashtra and possesses domicile certificate.

Place of domicile certificate issuing authority falling within the jurisdiction of the respective University area.

C.        A Candidate who does not fall in either 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.

Place of posting of father or mother of Candidate falling within the jurisdiction of the respective University area

D.       A Candidate who does not fall in any of the above 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.

Place of posting of father or mother of Candidate or the place of settlement of the father or mother if retired or the place of last posting if deputed outside Maharashtra falling within the jurisdiction of the respective University area.

E.        Candidates passing HSC or passing diploma in Engineering or Technology or Pharmacy and also Qualifying Examination from a recognized institution located in a disputed Maharashtra Karnataka Border area or from Maharashtra, residing in the disputed Maharashtra Karnataka Border area and whose mother tongue is Marathi.

Candidate shall be considered for the Outside Home University or State Level Seats.

(2)     All India Candidature.-The Candidates having Indian Nationality are eligible under this category.

 

(3)     Minority Candidature.-The Maharashtra domiciled Candidate belonging to a particular Linguistic or Religious Minority community from within the State and as notified by the Government are eligible under this category.

 

(4)     NRI Candidature.- The Candidate who fulfills the conditions as defined in clause (n) of section 2 of the Act are eligible under this Category.

 

(5)     Foreign Student or OCI or PIO Candidature.-The Foreign Student Candidates, as defined in clause (i) of section 2 of the Act, the Overseas Citizen of India (OCI) candidate, as defined in clause (q) of rule 2 and Persons of Indian Origin (PIO) as defined in clause (o) of section 2 of the Act are eligible under this Category.

 

(6)     Jammu and Kashmir Migrant Candidature.-

(a)    The children of citizens, who are displaced from Jammu and Kashmir to any part of India from unsafe border area of Jammu and Kashmir to a relatively safer place in Jammu and Kashmir from 1990 onwards due to terrorist activities; or

(b)    The children of officers belonging to Indian Administrative Services (IAS), Indian Police Services (IPS) or Indian Foreign Services (IFS) and children of staff belonging to military and paramilitary forces transferred to Jammu and Kashmir to combat terrorist activities and joined the post on or before the last date for submission of application for admission; or

(c)    The children of staff and officers of Jammu and Kashmir police engaged in combating terrorism, are eligible under this category.

Rule - 6. Sanctioned intake and Supernumerary Seats for various Courses.--

(1)     The sanctioned intake for First Year Post Graduate Degree courses and Direct Second Year (Lateral entry) Separate Division shall be as per the approval given by the authority which is competent for giving approval to respective courses and affiliation given by the respective affiliating University. For admission to Direct Second Year (Lateral Entry) of Post Graduate Courses, the number of seats available shall be calculated as given in Schedule - II.

(2)     The supernumerary seats shall be available to the educational institutions as approved by the appropriate authority, from time to time.

Rule - 7. Allocation of Seats.--

The percentage of allocation of seats for various types of candidates in the Home University, Other than Home University and State Level shall be in accordance with the policy of the Government as specified in Schedule-I for First Year and Schedule -II for Direct Second Year of various post graduate Courses:

(1)     Maharashtra State Candidature Seats.-The Candidates having Maharashtra State Candidature as specified in rule 5(1) of these rules, shall be eligible for these seats.

(2)     All India Candidature Seats.-The Candidates having Candidature as given in rule 5(2) of these rules shall be eligible for these seats.

(3)     Minority Quota Seats. -The Candidates having Candidature mentioned in rule 5(3) of these rules shall be eligible for these seats as specified in Schedule-I and Schedule-II. These seats shall be filled in accordance with the provisions of sub-section (2) of section 6 of the Act.

(4)     Institutional Quota Seats.-

(a)      The Institution can admit Eligible Candidates as specified in Schedule -I and Schedule-II, subject to following conditions,-

(i)       The Candidates having Candidature mentioned in rule 5(1), 5(2), 5(3), 5(4) and 5(6) of these rules shall be eligible for these seats;

(ii)      The maximum 5% seats may be filled in from the NRI Candidates, if it is approved by the appropriate authority at the Institution level;

(iii)     The seats reserved for this NRI quota remains vacant, those vacant seats may be filled in by the Institution, from the Eligible Candidates of All India Candidature seats:

Provided that while filling of these vacant seats the preference shall be given to the Maharashtra State Candidature Candidates on the basis of Inter-Se-Merit.

(5)     Supernumerary seats for, -

(a)      OCI / PIO, Foreign Students and the children of Indian Workers in Gulf Countries Candidates. -

(i)       The Candidates having candidature as given in rule 5(5) of these rules and the children of Indian Workers in Gulf Countries shall be eligible for these supernumerary seats;

(ii)      These seats shall be subject to the maximum of 15% of the Sanctioned Intake seats. Out of 15% seats, one third shall be reserved for the children of Indian Workers in Gulf Countries and two third seats shall be reserved for OCI / PIO or Foreign Student Candidates or as prescribed by the appropriate authority, from time to time;

(iii)     These seats shall be filled in by the institution on the basis of Inter-Se-Merit of Candidates as given in rule 8 of these rules.

(b)      Jammu and Kashmir Migrant Candidature.-

(i)       The Candidates having Candidature as given in rule 5(6) of these rules shall be eligible for these seats;

(ii)      The number of seats for this quota shall be as per the policy of the Government;

 

(iii)     These seats shall be filled in by the Competent Authority.

Rule - 8. Preparation of Merit List.--

(1)     Assignment of Merit Number.-All the eligible Candidates who have submitted Application Form on or before the last date specified for the submission of Application Form for Admission through CAP shall be assigned a merit number. The merit list shall be prepared on the basis of CET Score or on the basis of marks obtained at qualifying examination or any other criterion as specified in sub-rule (3) of this rule.

(2)     Change of Marks due to verification.-If the marks in the qualifying examination are modified due to verification and the same is duly certified by the concerned Competent Authority or Board, the same shall be reported to the Competent Authority for admission through CAP or its designated representatives immediately. However, the effect of such change will be taken into consideration only for the subsequent round (s) of admission.

(3)     Assignment of Merit Number for various Courses,-First Year Engineering and Technology, Pharmacy, Management, Architecture, Hotel Management and Catering Technology and First or Direct Second Year Computer Applications,-

(i)       The merit list for the Candidates as per rule 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 or marks or score secured in any other examination conducted by the concerned appropriate authority or marks secured in qualifying examination for the purpose of admission to these Courses:

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 marks in HSC;

(b)      higher percentage of marks in SSC;

(c)      higher marks in Science subject in SSC;

(d)      higher marks in Mathematics subject in SSC;

(e)      higher marks in English in SSC.

(ii)      The merit list for the NRI /OCI and Foreign Students Candidates stated at rule 5(4), 5(5) and Children of Indian workers in Gulf Countries shall be prepared on the basis of the percentage of marks in the Qualifying examination:

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 marks in HSC;

(b)      higher percentage of marks in SSC;

(c)      higher marks in Science subject in SSC;

(d)      higher marks in Mathematics subject in SSC;

(e)      higher marks in English in SSC.

Rule - 9. Centralised Admission Process (CAP).--

(1)     The Unaided Private Professional Education Institution shall admit Candidates through the Centralised Admission Process as referred in sub-section (3) of section 3 of the Act. The stages of CAP shall be as stated below:-

(a)      Display or publishing of Information Brochure by the Competent Authority.

(b)      Filling online Application Form by Candidate for participation in the Centralised Admission Process.

(c)      Document verification at facilitation centre by the Candidate in person.

(d)      Display or publishing of provisional merit lists, submission of grievances, if any, and display or publishing of final merit lists.

(e)      Display of available Category wise Seats (Seat Matrix) for CAP Round I.

(f)       Filling up and confirmation of online option form having preferences of Courses and Institutions before CAP Round I. Candidates may fill in choices of Institutes and Courses in decreasing order of their preference as specified by Competent Authority. The option form once confirmed shall be considered for allotment in CAP Round I.

(g)      Display of provisional allotment of CAP Round I indicating allotted institute and Course.

(2)     During the CAP, before accepting the allotted seat a Candidate can opt to 'Freeze', 'Slide' or 'Float' the choice of academic program for subsequent round(s), if any, of seat allocation, as provided below:-

(a)      Freeze: Candidates accept the offered seat and they do not want to participate in any further rounds of seat allocation. Such Candidates will not be considered in subsequent rounds of admission;

(b)      Slide: Candidates accept the offered seat and indicate that, if admission to the academic program of higher preference is offered within the same Institution, they will accept it. Such Candidates will be considered in subsequent rounds of admission;

(c)      Float: Candidates accept the offered seat and indicate that, if admission to an academic program of higher preference in any Institution is offered, they will accept it. Else, they will continue with the currently accepted academic program. Such Candidates will be considered in subsequent rounds of admission;

(d)      For Candidates who choose the Float or Slide option, and secures a seat of his choice of higher preference, then it would automatically result in the forfeiture of the seat accepted by the Candidate in the earlier round;

(e)      Slide and Float options will not be available to a Candidate who is offered admission to his first choice.

(3)     Conduct of CAP Round-II and III-

(a)      The seats available for Round II and III shall be published on the website. The Candidates are allowed to fill in or edit the already filled online option form. The seats to be allotted during the course of these rounds shall be subject to following conditions:-

(i)       Before start of these rounds, the Candidates can change their seat acceptance option from Slide or Float to Freeze or vice-versa by submitting an application at Admission Reporting Center (ARC) where he has confirmed his admission by paying the seat acceptance Fee;

(ii)      Candidates who have not been allotted any seat in any of the previous rounds or who did not participate (failure of filling option form) in previous round or those who have taken and cancelled their admission in the earlier rounds or rejected seat and those who have selected Freeze option in earlier rounds but are desirous of changing it to Float or Slide are eligible to participate in these rounds;

(iii)     Candidates who have opted for Float and Slide and also applying for these rounds shall not fill in the allotted institution in their choice list, it will be added by the software at the end of the list. Once the upward allotment is made, then the earlier allotment automatically stands cancelled;

(iv)    Slide or Float options are not available for the seats allotted in Round-III.

(b)      Reporting and accepting the offered seat will be as per the allotment by the Candidate at Admission Reporting Centre.

(4)     Reporting and confirmation of admission.- After final CAP Round, the Candidate shall report to the institution allotted to them and confirm his admission in institution.

Rule - 10. CAP allotment stages and process of allotment.--

 

Allotment of seats under CAP shall be made in the following manner:-

(1)     Maharashtra State Candidature Candidate.-

The stages of computerised allotment are as follows:-

Stage -I: For all the Candidates.-

(a)      All the Candidates (Open, Reserved) belonging to various categories shall be considered for allotment as per their Inter-Se-Merit.

(b)      Backward Class Category Candidates shall be considered for allotment in Open Category seat by virtue of their Inter-Se-Merit or in their respective Category of reservation, if Open Category seats are not available at their merit.

(c)      SBC Category Candidates shall be considered for allotment in Open Category by virtue of their merit and in case of SBC Candidates who were in Backward Class prior to their inclusion in SBC Category shall be considered in their original Backward Class Category.

(d)      Persons with Disability Category Candidates shall be considered for allotment for the seats reserved for them otherwise in Open Category as per their Inter-Se-Merit if the seats reserved for them are not available at their merit.

(e)      For Engineering and Technology and Pharmacy Courses Sponsored or Non-sponsored Candidates shall be considered for allotment as per Inter-Se-Merit.

(f)       If a seat is available for a candidate in more than one category, then the seat allotment shall be done in the sequence as given below:-

(i)       Seat for Ladies,

(ii)      Seat for persons with Disability candidates,

(iii)     Seat for Sponsored Category.

Stage -II: For SBC Category Candidates. -If the Backward Class Category seats remain vacant, such seats shall be considered for allotment to the Candidates of SBC Category, limited to the extent of 2% seats.

Stage -III: For respective groups of Backward Class Category Candidates.-If the seats remain vacant in the respective group of following Categories, such seats shall be considered for allotment to the Candidates from within the respective group.-

Group 1: (i) Scheduled Castes and Scheduled Castes converted to Buddhism (SC),

(ii) Scheduled Tribes including those living outside the specified areas (ST).

Group 2: (i) Vimukta Jatis/De- Notified Tribes (VJ/DT) NT(A),

(ii) Nomadic Tribes 1 (NT-B).

Group 3: (i) Nomadic Tribes 2 (NT-C),

(ii) Nomadic Tribes 3 (NT-D),

(iii) Other Backward Class (OBC).

Explanation.- For Group 1, if the seats remain vacant in ST Category due to non-availability of its Candidates, such seats shall be considered for allotment to the Candidates belonging to the SC Category or vice versa.

Stage-IV: For all Backward Class Category Candidates.-If the seats reserved for Backward Class Category Candidate remains vacant, such seats shall be considered for allotment to the Candidates of any Backward Class Category.

Stage -V: For Persons with Disability Candidates.-If the seats reserved for Persons with Disability remains vacant, such seats shall be considered for allotment to any Persons with Disability Candidates.

Stage -VI: For all Candidates (without any type of Reservation).-The seats shall be considered for allotment to all the Candidates based on Inter-Se-Merit.

 

Stage -VII: For all Candidates (without any Candidature Type).-The seats remaining vacant shall be allotted to the All India Candidates.

(2)     All India Seats.- The allotment to these seats shall be done through CAP on the basis of score of CET or as specified by the appropriate authority,-

(a)      First Year Management,- Percentile score Common Admission Test conducted by Indian Institute of Management (CAT) and Common Management Aptitude Test Conducted by All India Council for Technical Education (CMAT) and if the seats remain vacant then on the basis of CET score:

Provided that for academic year 2017-18, on the basis of percentile score of CET conducted by the Competent Authority, Graduate Management Aptitude Test Conducted by Graduate Management Admission Council, United State of America (GMAT), Common Admission Test conducted by Indian Institute of Management (CAT), Management Aptitude Test Conducted by All India Management Association (MAT), entrance Test for Management Admissions conducted by The Association of Indian Management Schools (ATMA), Xavier Aptitude Test conducted by Xavier School of Management, Jamshedpur (XAT) and Common Management Aptitude Test Conducted by All India Council for Technical Education (CMAT):

(b)      First Year Pharmacy,- Graduate Pharmacy Aptitude Test (GPAT) Score conducted by All India Council for Technical Education;

(c)      First Year Architecture,- CET Score;

 

(d)      First or Direct Second Year Computer Applications,- CET Score;

 

(e)      First Year Hotel Management and Catering Technology,- CET score.

All these seats are treated as "General Category" seats and no reservation is provided in these seats for Candidates of Backward Class Category, Persons with Disability, etc.

 

(3)     Minority Quota Seats.-The stages of computerised allotment are as follows,-

Stage-I: The seats under minority quota in the minority institution linguistic or religious) shall be allotted to the respective minority candidates. For Engineering and Technology and Pharmacy Courses, the sponsored and non-sponsored candidates seats to be allotted to the respective candidates and if, seats remain vacant, it shall be allotted on the basis of inter-se-merit.

Stage-II: If the seats remain vacant, they shall be allotted to the Maharashtra State candidature Candidates.

Stage-III: Further, if the seats remain vacant, they shall be allotted to the All India candidature Candidates.

 

(4)     For Jammu and Kashmir Migrant Candidature Candidates.-The Supernumerary seats for Jammu and Kashmir Migrant Candidature candidates shall be allotted to the eligible candidates as in 5(6) on the basis of Inter-Se-Merit in the Entrance test conducted by the appropriate authority or in the manner as prescribed by the appropriate authority, further if seats remain vacant then the seats shall be allotted to the Jammu and Kashmir Migrant Candidature candidates on the basis of CET conducted by the Competent Authority

Rule - 11. Allotment of seats by CAP Rounds I, II and III.--

(1)     CAP Round I, II, and III shall be conducted by computerized allotment.

(2)     In CAP Round I.-

(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)      Stage I of sub-rule (1) of rule 10,

(iii)     Sub-rule (2) of rule 10;

(b)      for other than Minority Institutions, the allotment shall be given to the candidates as per following preference,-

(i)       Stage I of sub-rule (1) of rule 10;

(ii)      Sub-rule (2) of rule 10 of these rules.

 

(3)     In CAP Round II.-

(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 IV 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 of these rules;

(b)      for other than Minority Institutions, the allotment shall be given to the candidates as per following preference,-

(i)       Stages I to IV of sub-rule (1) of rule 10;

(ii)      Sub-rule (2) of rule 10 of these rules.

(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 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 VII of sub-rule (1) of rule 10;

(ii)      Sub-rule (2) of rule 10 of these rules.

 

(5)     If the seat remains vacant due to non-allotment and non-reporting, such seat will be considered for allotment in subsequent round.

 

(6)     Every stage in CAP Round I, II and III shall be executed with HU and OHU tag and if the seats remain vacant then the same stage shall be executed without HU and OHU tag. If further seats remain vacant for any reason in 7(1), 7(2) and 7(3) of these rules they shall be considered for allotment to all the candidates as in 5(1), 5(2) and 5(3) irrespective of the seat type on the basis of Inter-Se-Merit.

Rule - 12. General provisions.--

(a)      Allotment in CAP Round-I, II and III of Home University Seats, Other than Home University seats and State Level Seats will be carried out as per Inter-Se-Merit of Candidates having Maharashtra State Candidature. The Seats will be allotted to Candidates as per Inter-Se-Merit, options filled and seats available at that point of time in the stage of CAP Round-I, II, and III

(b)      All Candidates eligible for a particular stage of allotment will be considered for allotment of a seat in that stage, even if they have been allotted or not allotted a seat in the previous stage.

(c)      During the allotment of any stage, the Candidate may get upward shift in the allotment with reference to the options filled by the Candidate according to availability of seats at that point of time.

(d)      There shall not be any reservation under different categories in an Unaided Professional Educational Institution, for allocation of seats stated in rule 7(2), 7(3), 7(4) and 7(5) of these rules as well as in Sponsored Category seats.

(e)      All reserved Category Candidates (including SBC in their original Category) shall be considered for allotment in all stages.

(f)       Due to upward shifts, the seats falling vacant shall be considered for allotment in further iterations of the same stage as per the provisions of that stage of allotment.

 

(g)      Allotment against the first available option in the order of preference filled in shall be retained as final allotment.

(h)     The allotment list displayed on website will show the provisional allotment offered to the Candidates. No personal communication or allotment letters in this regard shall be issued to the Candidates.

(i)       A Candidate who has been allotted a seat shall download the "Provisional Seat Allotment Letter". At the time of seat acceptance Candidate has to pay a demand draft in favour of Competent Authority at an Admission Reporting Centre. Seat will be confirmed by the Reporting Centre after verification of the original documents and ensuring that the Candidate meets all the eligibility norms. The centre in-charge shall issue the Online Receipt of acceptance.

(j)       The Seat Acceptance Fee shall be Rs. 5,000 for Candidates of General Category, VJ/ DT, NT, SBC/OBC Category and Rs. 1,000 for SC, ST Category Candidates. This fee shall be transferred electronically to the bank account of the institution, after deducting Rs. 1,000 towards processing fee, if the Candidate reports to the institution after completion of CAP process which shall be adjusted towards fees to be paid by the Candidate to the institution. On cancellation of admission before reporting to the institution at ARC, the amount shall be refunded electronically to the candidate, after deduction of Rs. 1,000 towards processing charges.

(k)      Failure to report in person for seat acceptance will be considered as if the Candidate has rejected the offer.

(l)       Allotted Seat will be cancelled if, at any time, any of the document or certificate is found to be invalid or fraudulent and/or the Candidate does not meet the eligibility norms.

(m)    Candidates who want to reject the allocated seat can do so by not remitting the seat acceptance fee at the Reporting Centre. Candidates who reject allocated seat shall be considered for admission in subsequent rounds only if they submit fresh option form for subsequent round of admission as per schedule.

(n)     The seat acceptance fee paid by the candidate shall be forfeited if the Candidate fails to report to the institute after reporting to the ARC.

Rule - 13. Admissions in Institutional Quota and vacant seats after CAP.--

The Director or Principal of the institution shall carry out the admissions for these seats in the following manner.-

(a)      Admissions shall be made in a transparent manner and strictly as per the Inter-Se-Merit of the Candidates who have applied to Competent Authority for verification of documents and then to the Institution.

(b)      Information brochure or prospectus of the Institution which specifies rules of admission should be published well before the commencement of the process of admission. All the information in the brochures should also be displayed on the Institution's website.

(c)      Institution shall invite applications by notifying schedule of admission and the number of seats in each course to be filled by the institution, by advertisement on the website of the institution and also on the website of the Competent Authority by paying charges as decided by the Competent Authority.

(d)      Aspiring Candidates fulfilling the eligibility criteria as notified by the Government and specified by the appropriate authority, from time to time, shall apply to the Principal or Director of the respective institution for admission at the Institution level as provided in rule 3(4)(b) and shall be filled on the basis of Inter-Se-Merit prepared by following the procedure specified in rule 8(3) of these rules.

(e)      The institution shall display the Inter-Se-Merit lists of the Candidates to be filled in at the institution level, in the Institutional Quota and Supernumerary Quota of OCI / PIO, Foreign National, Children's of Indian workers in Gulf Countries along with the vacant seats after CAP, on the notice board and shall publish the same on the website of the institution.

 

(f)       The Minority or Non-Minority institution intending to surrender the Institutional Quota (in part or full) of specified courses to the CAP shall communicate two days before the display of seat matrix of each CAP Round and the same shall be allotted as per the rules of CAP.

(g)      All the admissions and cancellations shall be updated immediately through online system.

(h)     If any CAP seat becomes vacant after the CAP Rounds then 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 applicant.

Rule - 14. Approval of Merit List and the Admitted Candidates List.--

(1)     After completion of Admission process every Unaided Private Professional Educational Institution shall submit the Admission- approval proposal to the Director Technical Education and the Admission Regulating Authority in accordance with the provisions of sub-section (5) of the section 9 of the Act.

(2)     The Admission-approval proposal shall include the list of all Candidates admitted which shall have the quota, Candidature Type, Reservation, Qualification Marks, etc., as well as, the required documents of the Candidates admitted at institution level.

(3)     If a minority institution fails to admit minimum fifty-one percent of its sanctioned intake from the persons belonging to the concerned minority, for period of three consecutive years the Competent Authority shall inform the Department accordingly. The Department shall forward such cases along with observations to the Minorities Development Department as per provisions of sub-section (2) of section 6 of the Act.

Rule - 15. Refund of fees after cancellation of admission by Institutions.--

(a)      The Candidate shall apply online for cancellation and submit duly signed copy of system generated application for cancellation of admission to the institution.

(b)      After receiving duly signed admission cancellation request letter from the Candidate as per the schedule published by the Competent Authority, the institution shall cancel the admission immediately and generate online acknowledgement of cancellation of admission through institution login and issue a signed copy to the Candidate.

(c)      The refund of fees before cut-off date of the admissions declared by the Competent Authority, shall be made within two days i.e. total fee minus the processing charges of Rs. 1,000, or refund rule shall be as per the guidelines of the appropriate authorities or the State Government as the case may be.

(d)      If the admission is cancelled after the cut-off date of the admission declared by the Competent Authority, there shall be no refund except the Security Deposit and Caution Money Deposit.

(e)      No institution, who has in its possession or custody, of any document in the form of certificates of degree, diploma or any other award or other document deposited with it by a person for the purpose of seeking admission in such institution, shall refuse to return such degree, certificate award or other document with a view to induce or compel such person to pay any fee or fees in respect of any course or program of study which such person does not intend to pursue or avail any facility in such institution.