Medical /Dental/Super Speciality Courses rules


The Andhra Pradesh Un-aided Minority Professional Institutions (Regulations of
Admissions into Under Graduate Medical and Dental Professional Courses) Rules
2006 – Amendment – Issued.
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HEALTH, MEDICAL & FAMILY WELFARE (E1) DEPARTMENT
G.O. Ms.No. 109 Dated: 23-07-2013
O R D E R:-
In the GO 12th read above, orders have been issued amending the Andhra Pradesh Un-aided Non-Minority Professional Institutions (Regulations of Admissions into Under Graduate Medical and Dental Professional Courses) Rules, 2007 issued in G.O.Ms.No. 136, HM&FW. (E1) Dept., dated 30th April, 2007, and as amended subsequently., providing for 15% quota to the children / wards of bonafide NRIs in MBBS / BDS admissions, dividing the existing 40% Management quota seats into “C1” – 25% Management quota seats and “C2” – 15% NRI quota seats.
2. In the representations 6th to 9th read above, the Managements of Private Unaided Minority Medical Colleges have requested to include the Minority Medical Colleges also with the same distribution of seats in Management quota or B category i.e., 15% for NRIs and 25% for others and that similar subcategorization of 40% Management quota seats as B1 & B2 may be extended to Minority Institutions by suitably amending the G.O. Ms. No. 272, HM&FW (E1) Dept, dt. 10-7-2006.
3. The Government have examined the proposal / request of the Managements of AP Private Unaided Minority Medical and Dental Colleges to set apart 15% quota for children/wards of NRIs in UG admissions for the private Medical colleges in the light of Apex Court’s Judgment on NRI quota in Inamdar Vs. State of Maharashtra.
4. The Registrar, Dr.NTR University of Health Sciences who was consulted in the matter, has stated in the letter 11th read above that the subject of reservation to NRIs in Private Medical / Dental Colleges has been examined and he has cited the judgments of Hon’ble Apex court in TMA Pai Vs State of Karnataka and PA Inamdar Vs State of Maharashtra and stated that as per the above judgments of the Supreme Court of India, NRI quota is permitted in Private Medical and Dental Colleges for bonafide NRI children / wards upto a maximum of 15%. He has requested the Government to take appropriate decision in this regard.
6. The Government after careful examination of the matter has decided to introduce NRI quota in Medical and Dental Courses and set apart 15% of the sanctioned intake from the Management quota in Private Unaided Minority Medical and Dental Colleges to the bonafide NRI’ children / wards only.
7. The Government after careful examination have decided to amend the Andhra Pradesh Un-aided Minority Professional Institutions (Regulations of Admissions into Under Graduate Medical and Dental Professional Courses) Rules, 2006 issued in G.O.Ms.No. 272, HM&FW.(E1) Dept., dated 10-7-2006, and as amended subsequently.
8. Accordingly, the following notification shall be published in the Extraordinary issue of the Andhra Pradesh Gazette, Dated: 26-07-2013 :-

                                     NOTIFICATION
In exercise of the powers conferred by Sections 3 and 15 of the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 (A.P. Act No. 5 of 1983) the Governor of Andhra Pradesh hereby makes the following amendments to the Andhra Pradesh Unaided Minority Professional Institutions (Regulations of Admissions into Under Graduate Medical and Dental Professional Courses) Rules, 2007 issued in G.O. Ms. No. 272, HM&FW.(E1) Dept., dated 10-7-2006 and published in the Rules supplement to Part-I, A.P. Gazette No. dated 12-7-2006 read with G.Os 3rd  to 5th read above.
                                                A M E N D M E N T S
In the said rules,
I. For Rule 4, ‘Allotment of seats’, against Category B, the following shall be substituted:
Category – B (1) - (25 % of the sanctioned intake of the Seats) – “Managements Seats”:- The seats shall be filled by the Managements of individual Colleges or Committee of Managements in the order of merit based on the applications received following a transparent procedure as specified in these rules. Category - B (2) - (15% of the sanctioned intake of the seats) NRI quota seats :- These seats shall be filled by Managements of individual colleges or Committee of Managements in the order of merit based on the applications received from the Children / wards of NRIs, following a transparent procedure
as specified in these rules.
II. For Rule 5 ‘Authority for Admissions’, against Category B, the following shall be substituted:
Category B (1) : (25 % of the sanctioned intake of the Seats) – “Managements Seats”:- The seats shall be filled by the Managements of individual Colleges or Committee of Managements , as specified under these rules.
Category B (2) : (NRI Quota seats) (15% of the total intake of the seats) :
These seats shall be filled by the Managements of individual colleges or Committee of Managements as specified under these rules.
III. (i) In the said rules in Rule 6, sub-rule (b) shall be renamed as b (i) and the words B Category – 40%shall be substituted with the words ‘B(1) category – 25%‘.
(ii) After sub-rule b(i), the following sub-rule shall be added :
b (ii) B (2) Category : To fill up the NRI quota seats : 15% of the sanctioned intake of seats.
i) The candidates shall submit an affidavit to establish the bonafides that they are children /wards of bonafide NRI residents.
ii) The admissions made under the NRI quota should be according to the merit list prepared from the applicants.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

L.V. SUBRAHMANYAM PRINCIPAL SECRETARY TO GOVERNMENT
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Rules – A.P. Private Medical/Dental Un-aided Non-Minority Professional
Institutions (Admissions into Post Graduate Medical / Dental Courses / Super
Speciality Courses) Rules, 2013 - Orders – Issued.
HEALTH, MEDICAL AND FAMILY WELFARE (E1) DEPARTMENT
G.O.Ms.No. 93 Dated: 01-07-2013
Read the following:-
1. Hon’ble Supreme Court judgement in St.Stephen college Vs Universityof Delhi ((1992) 1 SSC 558).
2. Hon’ble High Court of Tamilnadu Judgement in Christian MedicalCollege, Vellore vs. Permanent Committee and others (207) M.P.Nos. 1.2 and 1 of 2006.
3. G.O.Ms.No.36, H.M. & F.W. (E2) Department, Dated: 28/01/2004.
4. G.O.Ms.No.38, H.M. & F.W. (E2) Department, Dated:31/01/2004.
5. Hon’ble Supreme Court Judgement Dated: 12/08/2005 in Appeal (c)in 5041 of 2005 filed by P.A. Inamdar.
6. G.O.Ms.No. 89, H.M. & F.W. (E2) Department, Dated: 28/03/2006.
7. G.O.Ms. No. 280, HM&FW (E2) Dept, dt. 22-7-2008.
8. From the Secretary MCI No MCI-7(9)/2012-Med.109350 Dt 31.05.12
9. From the Treasurer AP Pvt Medical and Dental Colleges Managements Assn, Representations dt 15-03-13.
10. MOU dated: 29.04.2013 entered into between the APPMDCMA and the Govt of AP on PG Degree and PG Diploma and Super Speciality Courses.
11. G.O.Ms No.92, HM&FW (E1) Department, Dated: 01/07/2013.
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O R D E R:
In pursuance of the judgment of Hon’ble Supreme Court of India
dt. 12-8-2005 in Appeal (Civil) No. 5041 of 2005 filed by P.A. Inamdar Vs. State
of Maharashtra (AIR 2005 SC 3226), discussions were held with the Private
Unaided Non-Minority Medical / Dental Colleges in the State of A.P. for the
Postgraduate Degree and Diploma courses i.e., MD/MS/MDS/Diploma/ Super
Speciality Courses, a consensual arrangement was arrived in adopting the
admission policy and seat matrix for the Competent authority seats
/Management seats in private Unaided Non-Minority Medical / Dental Colleges in
the State.
2. The State Government and the Private Managements of professional
colleges, since then, having worked out periodically under consensual
arrangements, providing for seat sharing, process of admissions and
determination of fee structure; and said 'arrangements / consensual
agreements, were given effect to by issuance of necessary notifications/
executive orders by the state Government in GO s 3rd , 4th , 6th and 7th read
above.
3. The Government have examined the representation 9th read above of
the A.P. Private Medical and Dental Colleges Managements Association agreed
to continue the consensual arrangement for the ensuing academic year as well.
After an extensive consultation process, keeping in view the need for effectively
implementing the Reservation Policy of the State, as well as facilitating better
access to professional courses to the students of State of Andhra Pradesh, in
consonance with Article 371-D(2)(c) in the Constitution of India and also to
maintain 'the imparting of quality education' to the student community, while
also ensuring quality health care in teaching hospitals , subject to the Medical
Council of India guidelines, have decided to provide for a consensual agreement';
as stated hereunder.
4. During the deliberations, there were several opinions as to the
inadequacy of funding due to implementation of Sixth Pay Commission's pay
scales in private educational institutions and also under the current high costs of
imparting quality education. In view of the larger interest of the students and at
the same time ensuring the viability of the institutions and their growth by
providing appropriate minimum of funding and to take all steps that are
necessary to give legal sanction for the arrangements; and keeping in view the
time constraint and the need to achieve certainty, the members of private
Institutions having met and deliberated on the request made; resolved to adopt
a policy in line with reservation policy of the State in consonance with Article
371-D(2)(c) in the Constitution of India and participate and contribute to the
welfare measures of the State. Accordingly it was decided under due
authorization by the members of the Association as it is agreed now between
"the Government" and by "the Association of Private Medical and Dental Colleges
Management of A.P." that following CONSENSUAL AGREEMENT, set out in
detailed terms/conditions of agreement as hereunder, being within the
framework of law as contemplated under P.A Inamdar's decision, be
implemented for the Post Graduate Courses / Super Speciality Courses from the
academic year 2013-14 with specific conditions, as set out hereunder:
5. The following notification shall be published in the Extraordinary issue of
the Andhra Pradesh Gazettte dated: 04.07.2013.
                                            N O T I F I C A T I O N
In exercise of the powers conferred by Sections 3 and 15 of the Andhra
Pradesh Educational Institutions (Regulation of Admission and Prohibition of
Capitation Fee) Act, 1983 (A.P. Act No: 5 of 1983), and in supercession of the
orders issued in GOs 3rd , 4th , 6th and 7th read above, the Governor of Andhra
Pradesh hereby makes the following Rules for admission into the Post Graduate
Professional Courses in Medical and Dental / Super Speciality Courses in Unaided
Non-Minority Professional Institutions in the State:
1. Short title, applicability and commencement:-
(i) These rules may be called the Andhra Pradesh Un-aided Non-Minority
Professional Institutions (Regulation of Admissions into Post Graduate
Medical and Dental Professional Courses / Super Speciality Courses)
Rules, 2013.
(ii) They shall apply to all Un-aided Non-Minority Professional Institutions
imparting Post Graduate / Super Speciality Courses Professional
Education in Medical and Dental courses for which admissions shall be
made to the “Competent authority seats”, and “Management seats” in
such manner as prescribed herein.
(iii) These Rules shall come into force from the academic year 2013-14.
2. Definitions:-
1. In these rules, unless the context otherwise requires;
i) “Act” means the Andhra Pradesh Educational Institutions
(Regulation of Admission and Prohibition of Capitation Fee) Act,
1983 (A.P. Act No. 5 of 1983)
ii) “Competent Authority” means the Vice Chancellor, NTR University
of Health Sciences, Andhra Pradesh, Vijayawada.
iii) “Committee for Admissions” means the Committee nominated by
the Competent Authority to select and make allotment of
candidates to Professional Institutions offering P.G.Medical and
Dental Courses / Super Speciality Courses in the State for
Admissions in accordance with the rules laid down.
iv) “Common Entrance Test” means, the examination conducted by
NTR UHS for assigning rank or merit to candidates, which will be
the basis for admission of the candidates into the Post Graduate
Courses / Super Speciality Courses concerned in various Un-aided
Non-Minority Professional Institutions in the State.
v) “Competent Authority Seats” means the seats earmarked from
out of the sanctioned intake of seats in each course and in each
college to be filled by the Committee for Admissions.
vi) “Management Seats” means the seats earmarked from out of the
sanctioned intake of seats in each course to be filled by the
Management of the Un-aided Non-Minority Professional
Institutions in such manner as may be prescribed by the
Government or by the committee of admissions constituted by the
Competent authority.
vii) “Inspecting Authority” means the Authority appointed by the
Competent Authority for inspecting and scrutinising the
Admissions of the candidates made in the Un-aided Non-Minority
Professional Institutions.
viii) “Institutions” means, unless otherwise specifically mentioned, all
the Un-aided Non-Minority Professional Institutions imparting
Professional Education in Medical and Dental courses.
ix) “Local Area” means the territorial jurisdiction prescribed for
identifying the local candidate.
x) “Local Candidate” means the Candidate in relation to the local
area as specified in Presidential Order.
xi) “Qualified Candidate” in respect of seats to be filled by the
‘Competent Authority’ means the candidate who has appeared for
the Entrance Test for Post Graduate course / Super Speciality
Courses admission and has been assigned ranking in the Common
merit list.
xii) “Qualifying Examination” means the examination of the minimum
qualification prescribed which entitles one to seek admission into
the relevant Professional Post Graduate Course / Super Speciality
Courses
xiii) Rule of reservation as defined by Social Welfare Department.
Words and expressions used but not defined in these rules shall have the
same meaning as assigned to them in the Andhra Pradesh Educational
Institutions (Regulation of Admission and Prohibition of capitation fee) Act, 1983
(Act No. 5 of 1983) unless otherwise defined by the Government in Health
Medical and Family Welfare Department or by the Competent Authority.
3) Seat Sharing and Admissions:-
i) The Association of Private Medical & Dental Colleges Management of AP
members, imparting studies in Post Graduate education in Medical and
Dental Sciences / Super Speciality Courses in their respective Institutions,
would make available 50% of intake of their seats course wise; out of the
total intake available, in each of their member - Medical and Dental
Colleges, to the Government’s PG CET Cell / Super Speciality CET, for
counseling and allocation of seats; based on merit; as per ranking to be
determined/assigned by the Common Entrance Test, being conducted by
the Governmental agency - PGCET or National Eligibility-cum-Entrance
Test (NEET)-PG / Super Speciality CET, as the case may be, and as per
Rules framed for the purpose in accordance with the terms of this
agreement.
ii) The seat matrix regarding the Convener and Management quota seats in
each speciality in each Medical /Dental College shall be prepared by the
University every year before counseling and any additional seats permitted
by the MCI/ DCI and the University will be included in the counseling
process.
iii) If there is one seat in a speciality in a college , it shall be rotated between
the Management and convener quota following the last years sequence.
Similarly, if there are 3 seats, one seat for convener quota and one seat for
Management quota will be allotted and the 3rd seat will be rotated between
the Management and Convener quota following the last years sequence. If
in a speciality one seat in degree and one seat in Diploma are available, the
degree seat will be for Management and Diploma seat will be for convener
quota and it will be vice-versa in the next year between the Management
and Convener quota following the last year’s sequence.
iv) The unfilled seats after second and the final counseling for Competent
authority seats shall be surrendered to Managements to fill them as
Management quota seats. If a candidate allotted a seat after second and
the final counseling of the convener quota fails to join the course in a
private college, that seat can be filled by the Management, treating it as a
Management quota seat.
v) The 50% of the sanctioned intake of the seats (Management quota) shall
be filled by the individual Private Un-aided Non-Minority Institutions with
the eligible candidates in the order of merit in a manner that fulfils the
test of being fair, transparent and non-exploitative.
vi) Weightage of 15% of marks is allotted to interviews while preparing the
merit list “ to assess the candidate’s characters, motivation and suitability
for the medical profession and studies ”.
4) Procedure for Grant of Admissions into PG [Medical, Dental
& Super Specialty] Courses under the Management Quota
Seats
i) The individual college shall issue notification in two newspapers calling
for applications for admission into Management Quota seats in PG
Medical, Dental and Super Specialty Courses also making a provision
for downloading the application forms by the prospective candidates
from the web-site of the colleges.
ii) Information regarding seat matrix in different specialities under
Management quota shall be made available in the web-site of the
respective colleges.
iii) The College shall issue a receipt for the application form received.
iv) a) Post Graduation Admissions :- Calling for interviews
The college shall scrutinize applications received and prepare a list on
the basis of the individual cumulative performance at the first, second
and third MBBS examination and display the eligible list of the
candidates in the college notice board and their respective colleges
website indicating the date and time of the interview to be attended
by the respective candidates.
(b) Super Speciality admissions:- :- Calling for interviews
The college shall scrutinize applications received and prepare a list on
the basis of the individual cumulative performance in the Post
Graduate (MD/MS) University Examination and display the eligible
list of the candidates in the college notice board and their respective
colleges website indicating the date and time of the interview to be
attended by the respective candidates.
v) (a) Post Graduation Admissions:- Preparation of final merit list
A final merit list of candidates shall be prepared on the basis of
individual’s cumulative performance at the first, second and third
MBBS examination which shall carry 85% weightage and marks
obtained by the candidate in the interview which shall carry 15%
weightage and the same shall be tabulated and displayed on the
notice board of the college and their respective college website and
be sent to the Dr. NTR University of Health Sciences for approval.
The college shall admit the candidates strictly in the order of merit
shown in the approved merit list.
(b) Super Speciality admissions: - Preparation of final merit list
A final merit list of candidates shall be prepared on the basis of
individual’s cumulative performance in the Post Graduate (MD / MS)
University Examination which shall carry 85% weightage and marks
obtained by the candidate in the interview which shall carry 15%
weightage and the same shall be tabulated and displayed on the
notice board of the college and their respective college website and
be sent to the Dr. NTR University of Health Sciences for approval. The
college shall admit the candidates strictly in the order of merit shown
in the approved merit list.
vi) (a) Post Graduate Admissions:- Constitution of committee
The committee conducting interview shall comprise the
following:-
Chairman: Dean/Principal/Director of the College.
Members:
1. One senior faculty from pre and para clinical subjects.
2. One senior faculty from clinical subjects.
3. One member from management committee of the college.
vi) (b) Super Specialty Admissions:- Constitution of committee
The committee conducting interview shall comprise the
following:-
Chairman: Dean/Principal/Director of the College.
Members:
1. One senior faculty of the concerned specialty.
2. One member from management committee of the college.
5) Fee Structure:-
i) Regarding the fee structure, the recommendations of
the AFRC to be implemented.
ii) The fee shall be collected for the first year and the
college may obtain a bank guarantee for the remaining
period of the course, for payment of fee.
iii) The member institutions can collect the stipend amount
equivalent to the total stipend payable for the period of
the course at the time of admission from the candidate
admitted.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
AJAY SAWHNEY PRINCIPAL SECRETARY TO GOVERNMENT

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