MEDICAL COLLEGES OF ASSAM (REGULATION OF ADMISSION INTO POST GRADUATE DEGREE AND DIPLOMA COURSES) RULES, 2021

PREAMBLE

In supersession of the Assam Medical Colleges (Regulation of Admission to Post-Graduate Courses) Rules. 2006 and its subsequent 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 Post Graduate Courses in the Medical Colleges under Health & Family Welfare Department, Government of Assam, namely:-

Rule - 1. Short title and commencement.

(i)       These rules may be called Medical Colleges of Assam (Regulation of Admission into Post Graduate Degree and Diploma Courses) Rules, 2021.

(ii)      They shall come into force from the date of their publication in the Official Gazette

Rule - 2. Definition.

In these rules, unless the context otherwise requires.

(i)       "AIQ" means the seats reserved for the students selected by the Central Government under 50% All India Quota;

(ii)      "APSC" means Assam Public Service Commission;

(iii)     "Board" means a Selection Board constituted under rule 11;

(iv)    "Department" means Health & Family Welfare Department, Government of Assam;

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

(vi)    "DME" means Director of Medical Education. Assam;

(vii)   "Entrance Examination" means NEET-PG or any other equivalent examination notified by the Government of India;

(viii)  "EWS" means Economically Weaker Section;

(ix)    "Examination Conducting Authority" means National Board of Examinations or any Authority entrusted by the Government of India from time to time to conduct the Entrance Examination;

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

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

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

(xiii)  "Medical College" means any of the Medical Colleges under Health & Family Welfare Department, Government of Assam where Post-Graduate Degree and/or Diploma courses are available;

(xiv)  "MHRB" means Medical and Health Recruitment Board;

(xv)   "MOBC" means More Other Backward Classes;

(xvi)  "N.E.C." means North Eastern Council;

(xvii) "NEET-PG" means National Eligibility cum Entrance Test for admission into 1st Year Post Graduate Degree and Diploma Courses;

(xviii)   "NHM" means National Health Mission, Assam;

(xix)  "NMC" means National Medical Commission;

(xx)   "OBC" means Other Backward Classes;

(xxi)  "PwD" means Persons with Disabilities (Dibyang);

(xxii) "Rural Areas" The term rural area shall denote an area which is not a notified urban/town area and shall be situated at a minimum distance of 5 km from such notified urban area and town area and five km beyond the nearest point of national highway.

(xxiii)   "Remote and Difficult Area" means an area which is situated in the two hill Districts of Assam i.e. North Cachar Hills and Karbi Anglong District as well as remote areas namely, Dhemaji District, Sadia Subdivision, Majuli district Dhakuakhana Sub-division and South Salmara district other than the head quarters of the said Districts/Subdivisions."

(xxiv)   "SC" means Scheduled Caste;

(xxv)"State Quota Candidates" means those candidates who secured qualifying marks in the NEET-PG of that year and apply for the State Quota Seats:

(xxvi)   "State Quota Seats" means the seats available for admission into 1st year Post Graduate Degree & Diploma Courses in the Medical Colleges (as per the MCI/NMC norms) after deduction of AIQ seats as defined in Rule 7(i)(a);

(xxvii)  "STH" means Scheduled Tribes (Hills);

(xxviii) "STP" means Scheduled Tribes (Plains);

(xxix)   "SHQ" means State Health Service quota;

Rule - 3. Number of seats.

The total number of seats available and the allocation/reservation of seats for a particular category for a particular session, shall be notified by the DME.

Rule - 4. State Quota Seats.

The number of seats in PG courses in Medical Colleges remaining after allocation of seats to AIQ shall be the State Quota Seats. The admission to these seats shall be as per provisions in these rules.

Rule - 5. Eligibility of the candidates for appearing the counselling for admission against State Quota Seats.

The following conditions must be fulfilled by the candidate applying for State Quota Seats:

(i)       The candidate must obtain the qualifying marks in Entrance Examination as notified by the NMC/Government of India for the respective session;

(ii)      The candidate must possess MBBS degree from the state of Assam/any Medical College outside the state of Assam recognized by the MCI or NMC/any equivalent Degree from abroad and have cleared the Screening test conducted by organization authorized by the Government of India.

(iii)     The candidate must have permanent registration with State Medical Council/MCI/NMC.

(iv)    The candidate must be a permanent resident of Assam.

Provided that this provision shall not be applicable to the candidates who passed MBBS course from the Medical Colleges of Assam under 15% AIQ seats and those applying for N.E.C. quota. Such candidates must produce a certificate to this effect issued by concerned college authority/DME or in case of N.E.C. candidates a certificate from the Secretary, N.E.C.

Provided that this provision shall not be applicable to the spouse/son/daughter of the Employees of All India Services of Assam cadre.

(v)      All candidates mentioned in rule 5(it), except those applying for N.E.C. quota, must complete minimum of 1 year of service in remote and difficult areas or rural areas in Assam under Department/NHM or-public authority/agency created by Government of Assam.

Provided that such service must be completed on or before 31st May of the particular session.

Provided that necessary certification about the service rendered by a candidate shall be obtained by candidates from the competent authorities notified by the Department for this purpose.

Rule - 6. Weightage in marks.

Candidates who serve for at least one year continuously in the "remote and difficult areas" under Department/NHM/public authority/agency created by Government shall be given weightage in the marks as an incentive of 3% of the marks obtained in the Entrance Examination against completion of each year of service in the "remote and difficult areas" on or before 31st May of that session subject to maximum of 9% (i.e. for three years of service or above).

Provided that marks obtained after inclusion of additional marks shall not exceed the total marks of the Entrance Examination.

Provided that necessary certification about the service rendered by a candidate shall be obtained by candidates from the competent authorities notified by the Department for this purpose (in Appendix II).

Rule - 7. Reservation of Seats.

(i)       The following Quota/Reservation of seats shall be applicable in respect of admission to the Post Graduate Degree & Diploma Courses in Medical Colleges;

(a)      AIQ Seats: 50% of the total seats shall be reserved for the candidates recommended by the Government of India selected through All India counselling on the basis of merit of Entrance Examination in each session.

(b)      N.E.C. Quota Seats: One seat in Degree and one seat in Diploma course shall be allotted from the unreserved seats of State Quota for the candidates belonging to North Eastern States except Assam in each session. These candidates must qualify the Entrance Examination for the session and the selection shall be made amongst them in order of merit in the Entrance Examination. Secretary. North Eastern Council (N.E.C) shall recommend the candidates by issuing certificates in this regard on stipulated date.

(c)      SHQ Seats: 40 Seats (37 Degree and 3 Diploma) out of Total State Quota seats shall be reserved in each session for the Doctors appointed in the State Health Services on regular basis on the recommendation of the APSC/MHRB and who have completed five years or more service in Rural Areas. However for counting the experience of five years of service in Rural Areas period of work under Regulation 3f of APSC (Limitation & Function 1951)/17D of MHRB rules, service under any Society/Agency created by the State Government or NHM shall also be counted. The applicant must complete the required period of service in Rural Areas on or before 31st May of the year of Admission and a certificate to this effect shall be submitted in the format at Appendix III along with the application form for Post Graduate Counselling. Seat Matrix and the allotted institution for SHQ shall be notified by the Directorate of Medical Education with approval of competent authority before the counselling. In the event of increasing in the numbers of PG seats in Medical Colleges, there shall be proportionate increase of seats for in-service government doctors (SHQ seats)

(d)      Reservation for Scheduled Caste, Scheduled Tribes, OBC/MOBC & EWS: Following percentage of seats shall be made reserved for Scheduled Caste, Scheduled Tribes, OBC/MOBC & EWS candidates in each session after deduction of seats reserved for SHQ and N.E.C. Quota.

EWS category candidates who failed to opt for or did not produce EWS certificate at the time of application shall be allowed to submit claim on or before the date as notified by the DME before the first counselling.

(e)      PwD (Dibyang): Admission of students with "Specified Disabilities" shall be as under the Rights of Persons with Disability Act, 2016. If the PwD (Dibyang) candidate belongs to reserved categories such as SC/STP/STH/OBC/MOBC/EWS or General category he/she shall be adjusted against the category to which he/she belongs.

The DME shall constitute an appropriate Medical Board for each category of disability consisting of at least three senior faculty members of Medical Colleges for assessment of disability of the candidates seeking admission under PwD category at the time of counselling. Opinion of the aforesaid Medical Board shall be final for selection of the candidate.

The subjects in which the reservation shall be applicable shall be notified by the Department from time to time.

(ii)      The allocation/reservation of PG Degree and Diploma seats in the Medical Colleges under the Department as on date of commencement of these rules are given in Appendix-I. The corresponding category-wise seats shall be notified by DME from time to time with approval of Department.

Rule - 8. State Health Service Quota.

(i)       Seats under SHQ shall be reserved as per Rule 7(i)(c)

(ii)      The selection of candidates under this quota shall be made on the basis of their merit in State merit list of Entrance Examination of the respective session. However they shall be eligible to compete for other seats as per their merit position.

(iii)     The doctors applying for seats under this quota shall have to submit the application form through their respective Controlling Officer i.e. DHS/DHS(FW)/Jt. DHS with a certificate issued by the Controlling Officer.

The term rural area shall denote an area which is not a notified urban/town area and shall be situated at a minimum distance of 5 km from such notified urban area and town area and five km beyond the nearest point of national highway.

Provided that necessary certification about the service rendered by a candidate shall be obtained by candidates from the competent authorities notified by the Department for this purpose (in Appendix III). NOC from State Government is also mandatory at the time of Application.

(iv)    There shall be no reservation of any kind among seats under State Health Service Quota. Merit in the Entrance Examination shall be the only criterion for selection for this quota.

(v)      The doctors selected for admission under the State Health Service Quota seat shall enter into an agreement with the Government indicating that on completion of the Post Graduate courses he/she shall be bound to serve the State Government for at least 10(ten) years and in breach thereof shall be bound to pay the Government a sum of Rs. 25.00 lakh plus the amount of salary/stipend drawn as compensation. Also in the event of resignation or voluntary retirement from service within this period, they shall not be entitled to any service benefits.

Format of bond agreement for this purpose shall be separately notified by Department.

Rule - 9. Mandatory Service.

(i)       All candidates except those in regular service under Government of Assam selected for admission into PG Degree/Diploma courses in the Medical Colleges of Assam shall have to compulsorily serve under the Government of Assam or eligible agency notified by Department for a mandatory period of 1 (one) year and upto a maximum of 10 (ten) years if the Government desires their services, following the successful completion of his/her degree/diploma course or pay compensation of Rupees 20.00 lakhs (Rupees Twenty Lakhs) to the Government in respect of PG Degree candidates and Rupees 15.00 lakhs (Rupees Fifteen Lakhs) in respect of PG Diploma candidates. However, in case of candidates, who are selected under N.E.C. quota seats the mandatory service period will be a maximum of 1 (one) year. Bond agreement to this effect will have to be executed by the candidate with the Government of Assam.

Format of bond agreement for this purpose shall be separately notified by Department.

(ii)      The candidates who are selected for Super specialty course e.g. DM/MCh/DNB-SS shall be exempted from the bond conditionality with an under taking in Notarized Court paper that he/she shall serve the bond period after completion of Super-speciality courses.

(iii)     Provided that acceptance of compensation in lieu of Government service would be prerogative of Department and such compensation in lieu of mandated service would be accepted only under compelling and/or special circumstances being demonstrated by the doctor for not being able to complete the stipulated Government service period. Circumstances under which Government may consider acceptance of compensation may include serious personal ailment, extreme familial difficulties etc.

(iv)    For candidates who are not admitted under SHQ the University Pass Certificate will be issued to the successful Post Graduate Doctors only after completion of 1 (one) year of bond period out of total 10 (ten) years or as decided by the Government from time to time or on payment of compensation as mentioned at Rule 9(i).

Rule - 10. Counselling for State QuotaSeats.

(i)       Preparation of the merit list for State Quota Seats -

After receiving the State Merit List prepared by the examination conducting authority of the Govt. Of India, the DME shall invite applications from

(a)      Eligible candidates for awarding incentive marks as mentioned under Rule 6.

(b)      Candidates who are permanent Residents of Assam but passed MBBS from outside the state of Assam or obtained equivalent Degree from abroad [Subject to fulfilment of Rule 5 (ii)] to include their names in the rearranged State Merit List.

The DME shall publish the re-arranged State Merit List in the official website of the DME, Assam.

Rule - 11. Selection Board.

The following is the Selection Board constituted for selection of the candidates through counselling.

(i)       Director of Medical Education, Assam – Chairperson

(ii)      Principal of each of the Medical Colleges where PG courses are available Member

(iii)     Director of Health Services, Assam Member

(iv)    Additional Director of Medical Education, Assam Member

(v)      Controller of Examinations, Office of the Director of Medical Education, Assam Member Secretary

(vi)    Any other officer to be co-opted by Chairperson as and when required- Member

Rule - 12. Notification of Counselling.

The Counselling for admission in to the PG Courses of the Medical Colleges of Assam may be held either Offline or Online.

After preparation of the re-arranged Assam State merit list on the basis of Entrance Examination and Rule 10, DME shall issue a notice through the local daily newspapers (one in English and one in Assamese) and on the website of DME declaring the category wise number of candidates according to merit to be called for counselling on the stipulated date.

The candidates shall be required to deposit a counselling fee as notified by the DME with approval of the Department from time to time, for participating in the counselling process.

(a)      Scrutiny Committee- A scrutiny committee shall be constituted by the DME to scrutinize the documents of the candidates called for counselling.

(b)      Allotment of seat by counselling-

After scrutiny of the documents, the candidates shall be provisionally allotted seats in order of merit. A candidate may choose any state quota seat available at the point of his/her turn. A candidate who is under reserved category (i.e. SC/STP/STH I OBC/MOBC/EWS/N.E.C) may choose a seat from either un-reserved category or from the concerned reserved category to which he/she belongs as per his/her choice and merit. Candidates of SHQ category will appear for allotment of seats within SHQ seats only in order of merit.

Rule - 13. Admission.

(i)       The list of selected candidates along with details of admission procedure shall be notified in the website of DME, Assam.

(ii)      During admission, the candidate must submit the Following documents to Principal of the respective Medical College in original:

1.        Admit Cards of Entrance Examination issued by Examination Conducting Authority.

2.        Rank Letter issued by Examination Conducting Authority.

3.        Admit Card of Class X (as proof of date of birth).

4.        Class 10+2 Mark sheet

5.        All mark sheets of MBBS Examination

6.        MBBS Degree Pass Certificate/Provisional Pass Certificate

7.        Internship Completion Certificate

8.        Permanent Registration Certificate issued by MCI/State Medical Council.

9.        Permanent Resident Certificate of Assam (wherever applicable)

10.     Certificate of Service in rural/remote and difficult areas (wherever applicable)

11.     PwD Certificate from competent authority, (wherever applicable)

12.     Caste Certificate from competent authority, (wherever applicable)

13.     EWS Certificate in proper format of Government of Assam.(wherever applicable) (Certificate from concerned Circle Officer as per Office Memorandum No. ABP. 07/2019/4, dated 10'" April/2019 issued by Personnel Department, Government of Assam)

14.     No objection certificate from the Government of Assam in case of in-service doctors under Health & Family Welfare Department.

15.     Relieving order for candidates in current employment of Government/public authority/agency, as applicable.

16.     Agreement copy as per provision of rule 8(v) (wherever applicable).

17.     Anti-ragging undertaking as in rule 22.

18.     All the above documents shall remain under the custody of college authority until the completion of the course.

Rule - 14. Admission fees.

The admission fees and mode of payment as notified by Department shall be uploaded in the DME website before starting the process of admission.

Rule - 15. Refund of fees.

90% of the fees already deposited at the time of admission shall be refunded to a candidate who wants to leave the College for up-gradation of the seat during the stipulated time for that particular counselling session. A candidate who surrenders the seat before the last date of admission shall also be eligible for refund of 90% of the fees already deposited at the time of admission No refund shall be allowed after the last date of admission.

Rule - 16. Stipend.

The students admitted into the PG Degree/Diploma courses shall be eligible for Stipend except those who are in regular service and drawing salary.

Rule - 17. Forfeiture of seat.

(i)       The seal allotted to any candidate who fails to get admitted within the stipulated time fixed by the Government of India shall automatically be forfeited

(ii)      If at any stage during and after the process of selection/admission, it is found that a candidate furnished a false statement in the Application or if any of the testimonials furnished with the Application are false or fabricated, the seal given to such applicant shall be forfeited forthwith without any refund of any fee etc. Paid in this regard. Criminal proceedings shall be drawn up against such candidates. He/She must also deposit the amount as stipulated in rule 16 of these rules received from Government of Assam.

Rule - 18. Subsequent Counselling and Filling up of the Vacant Seats.

(i)       Subsequent counselling shall be held as per the schedule notified by the Government of India to fill-up the vacant seats after first counselling. In the subsequent counselling all the candidates who have already been admitted and who did not appear in the counselling before shall also be called to attend the counselling 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.

(ii)      The reverted back seats from 50% All India Quota shall be included in vacant state quota seats and fill up the said vacancies according to merit position of the candidates through subsequent counselling process.

(iii)     If, during the last round of counselling, any reserved category seat cannot be filled 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 by un-reserved candidate in order of merit.

Rule - 19. Surrender of seat after last date of admission.

Any candidate, who wants to surrender his/her seat after the last date of admission as per the schedule fixed by the Government of India for that particular session, shall have to pay a penalty of Rs. 10,00,000/- (Rupees ten lakhs) only for the PG Degree seats and Rs. 5,00,000/- (Rupees five lakhs) only for PG Diploma seats by way of Bank Draft in favour of "Director of Medical Education Assam" payable at Guwahati. The candidate must also return the amount of stipend already drawn by him/her during the course of study by way of Bank Draft in favour of "Director of Medical Education. Assam" payable at Guwahati.

Rule - 20. Transfer.

No transfer is allowed from one Medical College to another Medical College under any circumstances after last date of admission for a session.

Rule - 21. Appeal.

Candidate aggrieved by the decision of the Selection Board have the right to appeal to the Chairperson. Selection Board, before, last/Mop-up counselling. Such appeals are to be addressed to:

The Chairperson, Selection Board

O/o the Director of Medical Education, Assam,

Six-mile, Khanapara, Guwahati- 781022

The Chairperson. Selection Board shall dispose of all appeals by way of a speaking order before the last date of admission for that particular session as fixed by Government of India.

Rule - 22. Anti-Ragging Measures.

Undertakings as stipulated by MCI/NMC have to be submitted by the candidate and parent/guardian of the candidate.

Rule - 23. Interpretation of any clause of these rules.

In case of any doubt regarding interpretation of any clause of these rules the decision of the Selection Board regarding the interpretation of that particular clause shall be final

Rule - 24. Power to relax.

Where the Government is of the opinion that it is necessary or expedient 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.

Rule - 25. Removal of Difficulty Clause.

If any difficulty arises due to any provisions of these rules, the Department may, by order make such provisions not inconsistent with the provisions of these rules, as may be necessary or expedient for the purpose of removing the said difficulty.

APPENDIX I

Allocation/Reservation of Post Graduate (Degree/Diploma) seats in the Medical Colleges under the Government of Assam

APPENDIX-II

Certificate for Rural Area/Remote and Difficult Area Service after completion of MBBS Course

This is to certify that Dr. ........................................................................has been working has worked in (Name of the Dispensary/Hospital/ Health Establishment) ..........................................................situated at (Name of the village (own).................................... Sub-Division of ........................................in the District of........................................, Assam with effect from (Date of joining) ......................to.......................as the (Name of the post)....................................for a period of....................... years .................. months ...............days, continuously and satisfactorily which is a rural area as defined under Rule 2(xxii)/remote and difficult area as defined under Rule 2 (xxiii) of "Medical Colleges of Assam (Regulation of Admission into Post Graduate Degree and Diploma Courses) Rules, 2021.

However, the completion shall be considered by the board till 31st May of the year for this purpose.

APPENDIX-III

Certificate to be produced by the candidate serving in Regular State Health Service for availing State Health Service Quota

This is to certificate that Dr. ........................................................................has been working in regular service in (Name of the Dispensary/Hospital/Health Establishment) ..........................................................situated at (Name of the village town)....................................Sub-Division of........................................ in the District of........................................, Assam with effect from (Dale of joining) ......................to.......................as the (Name of the post)....................................for a period of....................... years .................. months ...............days, continuously and satisfactorily which is a rural area as defined under Rule 2(xii) of "Medical Colleges of Assam (Regulation of Admission into Post Graduate Degree and Diploma Courses) Rules, 2021.