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MEDICAL COLLEGES AND DENTAL COLLEGES OF ASSAM, (REGULATION OF ADMISSION INTO 1ST YEAR MBBS BDS COURSES) RULES, 2017

MEDICAL COLLEGES AND DENTAL COLLEGES OF ASSAM, (REGULATION OF ADMISSION INTO 1ST YEAR MBBS BDS COURSES) RULES, 2017

MEDICAL COLLEGES AND DENTAL COLLEGES OF ASSAM, (REGULATION OF ADMISSION INTO 1ST YEAR MBBS/BDS COURSES) RULES, 2017

PREAMBLE

In supersession of the Medical Colleges of Assam and Regional Dental College, Guwahati (Regulation of Admission into 1st year MBBS/BDS Courses) Rules, 2015 and its subseqsuent amendments till date except as respects the things done or omitted to be done before such supersession, the Governor of Assam is hereby pleased to make the following rules to regulate the admission of students into the MBBS/BDS courses in the Medical Colleges and Dental Colleges of Assam, namely: -

Rule - 1. Short title and commencement.

(1)     These rules may be called the Medical Colleges and Dental Colleges of Assam, (Regulation of Admission into 1st year MBBS/BDS Courses) Rules, 2017.

(2)     They shall come into force on the date of their publication in the Official Gazette and shall be applicable from the academic session 2017 to regulate the admission of students to the MBBS/BDS courses in the Medical Colleges and Dental Colleges of Assam, respectively.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires,

(i)       "All India Quota" means the seats reserved for the students selected by the Central Government under 15% All India Quota;

(ii)      "AMC" means Assam Medical College, Dibragarh;

(iii)     "Application form" means the form at Schedule -I of these rules to be submitted by the candidate at the time of counselling by filling it up as per the instructions along with all the relevant annexure certificates.

(iv)    "College" means Medical Colleges and Dental Colleges of Assam;

(v)      "Counselling list" means category wise lists of candidates qualified in NEET to be called for counselling for selection of candidates into 1st year MBBS/BDS courses in the Medical Colleges and Dental Colleges of Assam in order of merit;

(vi)    "DGHS" means Director General of Health Services, Government of India;

(vii)   "DME" means Director of Medical Education, Assam;

(viii)  "Examination Conducting Authority" means any Authority as may be decided by the Government of India from time to time to conduct the NEET;

(ix)    "FAAMC" means Fakhruddin Ali Ahmed Medical College, Barpeta;

(x)      "General/Unreserved seats" means the available state quota seats excluding those reserved for the candidates mentioned in rule 6 and any other reservation as declared by the Government of Assam from time to time;

(xi)    "GMC" means Gauhati Medical College, Guwahati;

(xii)   "Government" means the Government of Assam;

(xiii)  "GOI" means the Government of India;

(xiv)  "JMC" means Jorhat Medical College, Jorhat;

(xv)   "MCI" means Medical Council of India;

(xvi)  "Medical Examination Board" means the Medical Examination Board, constituted by the Principals of the respective Medical Colleges for the determination of the medical fitness of the candidates seeking admission into the 1st year MBBS/BDS courses;

(xvii) "Merit list" means the list of candidates in order of merit prepared by the Examination Conducting Authority after completion of NEET;

(xviii)   "NEET" means National Eligibility cum Entrance Test;

(xix)  "Qualifying examination" means the Higher Secondary School Leaving Certificate (HSSLC) Examination in Science stream or any other equivalent examination as mentioned in NEET Rules of a University/Board or other examining body recognized by Government of India and/or Government of Assam with Physics, Chemistry, Biology/Biotechnology (which shall include practical tests in these subjects) and English as the compulsory subjects;

(xx)   "RDC" means Regional Dental College, Guwahati;

(xxi)  "Select List" means the category-wise list of state quota candidates selected for admission into 1st year MBBS/BDS courses after counselling;

(xxii) "Selection Board" means the Selection Board constituted as in rule 7 for counseling and selection of state quota candidates for admission into 1st year MBBS/BDS Course;

(xxiii)   "SMC" means Silchar Medical College, Silchar;

(xxiv)   "State Merit List" means the list of State Quota candidates in order of merit for the State Quota Seats prepared by the Examination Conducting Authority;

(xxv)"State Quota Candidates" means those candidates appearing the NEET and applying for the State Quota Seats;

(xxvi)   "State Quota Seats" means the seats available for admission into 1st year MBBS/BDS Courses in the medical colleges and dental colleges of Assam as per the Medical Council of India and Dental Council of India norms, excluding the seats allotted under 15% All India Quota, Central Pool, NE State Quota.

(xxvii)  "TMC" means Tezpur Medical College, Tezpur;

Rule - 3. Eligibility for State Quota Seats.

The following conditions must be fulfilled:

(1)     (a) The Candidate must be a citizen of India

(b) The candidate must be a permanent resident of Assam. The father/mother or the candidate must be residing in the state of Assam continuously for not less than a period of 20 years. (The certificate at Annexure-I in Application Form at Schedule-I of these rules must be submitted if a candidate is called for counselling):

Provided that this shall not be applicable to the sons/daughters of officers of All India Services allotted to Assam (certificate regarding the service of father/mother of the candidate from the concerned authority/Department of Government of Assam must be submitted if a candidate is called for counselling).

(c) The candidate must study in all classes from Class-VII to XII in the State of Assam and must pass, the Qualifying Examination or its equivalent examination from any Institute situated in the State of Assam. (Certificate at Annexure-If in Application Form at Schedule-I of these rules must be submitted if a candidate is called for counselling):

Provided that if a candidate studies outside Assam from Class-VII onwards because his/her father/mother is posted outside Assam as a Assam State Government employee or as a Central Government Employee or as an Employee of a Corporation/Agency/instrumentality under Govt. of Assam or Central Govt. whether on deputation or transfer or regular posting, then the period for which the said father/mother is working outside the State shall be relaxable for such candidate. (Certificate of employment of father/mother outside the state indicating the period of service from the concerned authority must be submitted if a candidate is called for counselling).

(d) Candidate's age should not be below 17 years and above 25 years of age on the 31s1 day of December of the year in which the admission is sought for:

Provided that the maximum age limit is relaxable by 3 years in case of candidates belonging to the SC/ST(P)/ST(H)/OBC/MOBC category.

Rule - 4. Mode of Selection of State Quota Candidates.

(1)     The candidates who qualify in the NEET as per NEET Rules for admission into 1st year MBBS/BDS Courses shall have to apply to the DME in a Declaration Form as per the Educational Notice published by the DME immediately after the declaration of NEET result. The Declaration Form shall be available in the office website (www.dmeassam.gov.in).

(2)     Eligibility of the candidates to be called for counselling.

(a)      The candidate must pass the qualifying examination.

(b)      The candidate must pass all the four subjects i.e. Physics, Chemistry, Biology/Biotechnology (which shall include practical tests in these subjects) and English of the qualifying examination in the same sitting and without grace marks.

(c)      The candidate must obtain a minimum of 60% marks taken together in Physics, Chemistry and Biology/Biotechnology at the qualifying examination in case of-candidates belonging to General/Unreserved category. In respect of candidates belonging to SC/ST(P)/ST(H)/OBC/MOBC category the marks obtained in Physics, Chemistry and Biology/Biotechnology taken together in the qualifying examination shall be 50%.

(d)      The Candidates who have secured a position in the rank of 1st and 2nd in the current HSSLC (Sc.) examination conducted by Assam Higher Secondary Education Council shall also be eligible to be called for counseling. However he/she must secure the qualifying marks in the NEET. Such a candidate must apply to the DME with authenticated proof regarding his/her position in the HSSLC (Sc.) examination within 7(seven) days of declaration of the result of the HSSLC (Sc.) examination or NEET whichever is later provided he/she fulfills all other conditions.

The names of the rank holders shall be included at the top of the counseling list of respective Category in order of their rank in HSSLC (Science) irrespective of their Rank in NEET and admission shall be offered provided he/she fulfills all other criteria for admission.

(3)     The Director of Medical Education, Assam shall prepare the counseling list immediately after receiving the Declaration Forms from the State Quota candidates as well as State Merit List prepared by Examination Conducting Authority. The counseling list shall be published as an Educational Notice in the leading news papers of the State of Assam and in the Official Website (www.dmeassam.gov.in) indicating the dates for counseling and important terms and conditions to be fulfilled by the candidates called for counseling.

Rule - 5. Conditions to be fulfilled while attending the counselling.

(a)      The candidates who are called for counselling must be physically present before the Selection Board.

(b)      They must submit the duly signed and completed Application Form along with all the relevant certificates at Annexures which must be signed by all the concerned Authorities/Officers as noted and instructed in the Annexures.

(c)      They must bring all original documents like Admit Card of NEET, Admit Card and pass certificate of HSLC or equivalent examinations, Mark sheet and Pass Certificate of HSSLC or equivalent examinations, Permanent Residential Certificate (PRC), Caste Certificate issued by competent authority, Certificate issued by competent authority for any other reserved Category claimed by the candidates.

(d)      Candidate should also bring a set of self attested photocopies of all the original documents to be submitted at the time of counselling.

(e)      A candidate shall be required to deposit an amount of Rs. 500/- (Rupees five hundred) only or any amount as fixed by DME from time to time as counselling fee in cash to the Director of Medical Education, Assam, at the time of counselling. The Director of Medical Education, Assam shall utilize the amount so collected as counselling fee for conducting the counselling procedure, provided he shall be required to submit the expenditure statement along with the utilization certificate to the Government.

Rule - 6. Allocation/Reservation of MBBS/BDS seats in the Medical Colleges & Dental Colleges under the Government of Assam.

The allocation/reservation of seats shall be as per Schedule-Ill of these Rules

Rule - 7. Selection Board.

The Selection Board for the purpose of selection of candidates for admission into the 1st year MBBS/BDS courses shall consist of the following members:-

(i)

Director of Medical Education, Assam

Chairman

(ii)

Additional Director of Medical Education (Administration) Assam

Member Secretary

(iii)

Principal of all the Govt. Medical Colleges and Dental Colleges of Assam

Member

(iv)

Additional Director of Medical Education, Assam

Member

(v)

Controller of Examinations, Srimanta Sankaradeva University of Health Sciences

Member

(vi)

Representative of Directorate of Forensic Science Laboratory. (Not below the rank of Deputy Director)

Member

(vii)

Representative of WPT and BC Deptt. Government of Assam (Not below the rank of Deputy Secretary)

Member

(viii)

Any other Govt. official as decided by the DME/Chairman of the Selection Board to assist him in the process of counselling, if required.

Member

In case of absence of Member Secretary, the Chairman shall appoint one of the Members of the above Committee as Member Secretary.

Rule - 8. Selection of Candidates.

(a)      During the counselling the candidates shall be called in order of merit and they shall pay their counselling fees.

(b)      The Application Form and its relevant certificates, testimonials and documents shall be scrutinized by a Committee constituted by the DME to determine all the eligibility criteria of the candidate for State Quota seat.

(c)      After scrutiny and verification of the documents if the candidate is found eligible then Selection Board shall allot a seat to the candidate in the MBBS/BDS courses in a college according to the choice of the candidate and subject to availability of the seat in that particular college at the point of time of his/her appearing before the Selection Board:

Provided that in case of non-availability of seats, in the College/Course of his first choice, a candidate shall be allotted seat in the college/course of his next order of preference and so on.

Provided that a reserved category candidate as in 5 (a), (b), (c), (d) in the Schedule-Ill of these Rules entitled for selection on the basis of his/her merit position in General/Unreserved Category shall have the option of taking a seat in the college where a specified number of seats have been kept reserved for reserved category but while computing the percentage of reservation he/she shall be deemed to have been admitted as a General/Unreserved category candidate and not as a reserved category candidate. Under such circumstances one seat of unreserved category of another college of his/her next preference shall be converted to the respective reserved category of that particular candidate to maintain the total number of reserved category seats.

(d)      If the Selection Board is satisfied prima-facie that any documents including PRC, age and schooling, caste certificate etc. produced by the candidate is of doubtful in nature, the Board shall withheld the selection after allotment of the seat and the documents shall be referred for further verification by the Government of Assam. The views of the Government in this regard shall be final in determining the eligibility of the candidate.

(e)      After completion of the counselling the Category Wise Select List shall be prepared by the Chairman and the Member Secretary of the Selection Board on the basis of the counseling and the same shall be sent for approval by the Govt.

Rule - 9. Admission.

(a)      The Government approved select List shall be published in the leading local daily newspapers published from Assam/website of the DME (www.dmeassam.gov.in) directing the candidates to take admission into the offered course at the allotted college within the stipulated time and date.

However, no admission will be allowed unless the candidate is found to be physically fit by the Medical Examination Board at the time of admission.

(b)      The candidate must deposit their original Certificates/Testimonials at the Office of the Principal of the respective Colleges at the time of admission which shall be returned after completion of the course. Such documents may be returned earlier before the last date of admission if the candidate applies to the respective Principal for receiving the same specifying justified ground with proof. However, the certificates shall be returned to the candidate with a condition that the candidate shall submit back the documents again within a fixed period of time before the last date of admission as decided by the Principal failing which the seat shall be treated as surrendered. If such situation arises after the last date of admission then the candidate must deposit a Bank Draft in favour of Director of Medical Education, Assam amounting Rs. 3.00 Lakhs for MBBS and 2.00 Lakhs for BDS course for obtaining his/her original testimonials. However, the draft shall be returned back to the candidate after resubmission of the original testimonials within the stipulated time as fixed by the Principal.

Rule - 10. Forfeiture of seat.

(a)      Any candidate who fails to get admitted within a stipulated time as mentioned in the Notice shall automatically forfeit his/her allotted seat.

(b)      Any candidate, as reported by the Principal of the concerned college, failing to attend his/her classes regularly at a stretch for a period of 20 (twenty) days after admission without proper information with justified ground shall forfeit his/her seat automatically and no further communication shall be made to the candidate in this regard and the seat shall be regarded as a vacant seat:

Provided that the prayer for retaining his/her seat may be considered only if the application regarding his/her absence is received by the Principal of the concerned College within the period of 20 (twenty) days of absence. The application with justified ground of his/Tier absence must be signed by the candidate or his/her parent or legal guardian with proper documentary evidence.

(c)      If at any stage during and after the process of selection/admission it is found that a candidate or his/her guardian has furnished a false statement in the Application or if the Certificates, Mark sheets, Permanent Resident Certificate (PRC) and other documents furnished with the Application are found false or fabricated, the seat, given to such applicant shall be forfeited forthwith without any refund of any fee etc. paid in this regard and criminal proceedings shall be drawn against such candidates and his/her parents.

Rule - 11. Subsequent Counseling and Filling up of the Vacant Seats.

(1)     Subsequent counseling shall be held as per schedule of MCI/DGHS to fill- up the vacant seats after first counseling. In the subsequent counseling all the candidates who have already been admitted and who did not appear the counseling before shall also be called to attend the counseling and they will get the chance to change their course and college or to get allotment of a new seat against vacancy in order of merit.

(2)     Any seat remaining vacant against 15% all India Quota as surrendered by DGHS (GOI) shall be filled up from amongst the candidates of the General/SC/ST(P)/ST(H)/OBC-MOBC categories on the basis of percentage of reservation,

(3)     (a) In case of non availability of eligible candidate of TGL/Ex- TGL quota/Moran Community Quota and Mattak Community Quota, such vacant seats shall be filled up from the OBC/MOBC category.

(b) If any reserved category seat cannot be tilled up from the concerned reserved category due to non availability of eligible candidate in that particular category then the vacant seat shall be filled up from the un-reserved candidate in order of merit.

Rule - 12. Surrender of seat after last date of Admission.

Any candidate who wants to surrender his/her seat after the last date of admission as fixed by MCI/DGHS for that particular session shall have to pay a sum of Rs. 3,00,000/-(Rupees three lakhs) only in case of MBBS Course and a sum of Rs. 2,00,000/- (Rupees two lakhs) only in case of BDS Course as penalty. The amount shall have to be paid in the form of a Demand Draft in favour of Director of Medical Education, Assam payable at Guwahati.

Rule - 13. Transfer.

Transfer from one Medical College to another Medical College shall be guided in accordance with the MCI Regulations from time to time.

Rule - 14. Appeal.

Candidate aggrieved by the decision of the Selection Board have the right to appeal to the Government within 7(seven) days from his/herdate of counselling.

Such appeals are to be addressed to:

The Senior-most Secretary to the Government of Assam, Health and Family Welfare (B) Deptt. Dispur, Guwahati - 781006, Assam.

The Government shall dispose of all appeals before the last date of admission for that particular session as fixed by MCI/DGHS.

Rule - 15. Agreement.

(a)      All candidates selected for admission into MBBS Course in the Medical Colleges of Assam shall enter into an agreement in a non judicial stamp paper of Rs. 100/- (Rupees one hundred) only with the Government of Assam as in Schedule II-A, appended to these Rules for binding himself/herself to serve under the Government of Assam for a period of 5 years in any institute offered by the Govt. or 1 year Rural Service on completion of the MBBS Course and in breach thereof to pay a sum of Rs. 3 0,00,000/-(Rupees thirty lakhs) only to the Government as compensation.

(b)      All candidates selected for admission into BDS course shall enter into an agreement in a non-judicial stamp paper of Rs. 100/- (Rupees one hundred) only with the Government of Assam as in Schedule - II - B appended to these rules for binding himself/herself to serve under the Government of Assam for a period of 5 years in any institute offered by the Govt. or 1 year Rural Service on completion of the BDS course and in breach thereof to pay a sum of Rs. 20,00,000/- (Rupees twenty lakhs) only to the Government as compensation.

Rule - 16. Refund of paid fees.

The amount of fees paid by the candidate at the time of admission shall be refunded after deduction of 10% of the total amount of paid fees if the candidate surrenders his/her seat before the last date of admission as fixed by MCI/DGHS.

Rule - 17. Anti Ragging Measures.

In pursuance to the Judgement of the Hon'ble Supreme Court of India dated; 08/05/2009 in Civil Appeal No. 887/2009, the Medical Council of India has framed the "Medical Council of India (Prevention and Prohibition of Ragging in Medical College/Colleges/Institutions) Regulations, 2009" which have been notified on 3 rd August, 2009 by which ragging is prohibited by Law in all its forms, from Medical Colleges/Institutions in the Country. Preventing its occurrence by following the provision of this Regulation and punishing those who indulge in ragging, as provided for in this regulations and the appropriate law In force, the Medical Council of India has made it mandatory for all students/parents to submit anti-ragging related affidavits to the institutions at the time of Admission (details can be downloaded from the web site of MCI).

Rule - 18. Interpretation of any clause of these rules.

In case of any doubt regarding interpretation of any clause of these rules during the counselling period then the decision of the Selection Board regarding the interpretation of that particular clause shall be final.

Rule - 19. Power to relax.

Where the Government is of the opinion that it is necessary or expedient so to do so, it may by order, not inconsistent with the provisions of these rules and for reasons to be recorded in writing, relax any of the provisions of these rules,