MAHARASHTRA
UNIVERSITY OF HEALTH SCIENCES, NASHIK
Direction No. 03 / 2002 : Rules
Governing Procedure of Transfer
of Student(s) of all Health
Sciences courses from one recognised
College to another recognised College affiliated to Maharashtra University of
Health Sciences, Nashik.
WHEREAS
Maharashtra University of Health Sciences, Act, 1998 (Maharashtra Act No. X of 1999) has come into force with effect
from 3rd June, 1998 ;
AND
WHEREAS Section 50 (x) of Maharashtra University of Health Sciences, Act 1998, provides
for the rules to be observed and enforced by the colleges regarding transfer of
students, wherever necessary, to be prescribed in the form of an Ordinance ;
AND
WHEREAS
Hon'ble Bombay High Court in W.P.No.2946/99, have observed that Maharashtra
University of Health Sciences is required to issue an appropriate ordinance, so
as to give effect to Section 50(x) of the Act ;
AND
WHEREAS such
an Ordinance is not in existence;
AND
WHEREAS
necessary Ordinance is yet to be made ;
Now, therefore
I, Dr. D. G. Dongaonkar, Vice-chancellor of Maharashtra University of Health
Sciences, in exercise of powers conferred upon me under sub-section 8 of
Section 16 of the Maharashtra University of Health Sciences Act 1998 issue the
following Direction :
1)
This Direction shall be called as
" Rules Governing Procedure of transfer of students of all Health Sciences
courses from one recognised College to another recognised College affiliated to
Maharashtra University of Health Sciences, Nashik ".
2) Direction Nos.
17/2001,18/2001,19/2001,20/2001 and 21/2001 dated 09/08/2001 shall stand
repealed in view of the Management Council Resolution No. 6/2002 read with Resolution No. 40/2002.
3) A student studying in a College of Health Sciences
affiliated to Maharashtra University of Health Sciences, Nashik, and duly recognised by the concerned Central
Council may apply in the "Prescribed Proforma " to the Registrar,
Maharashtra University of Health Sciences, Nashik for his/her transfer to
another duly recognised College of Health Sciences affiliated to Maharashtra
University of Health Sciences, Nashik, within THIRTY DAYS from the date of declaration of the results of the First Professional Examination(s) of
the concerned courses in Health Sciences conducted by the Maharashtra
University of Health Sciences, Nashik.
Transfer cannot be claimed as a matter of right by a student.
4) The notification seeking applications
for transfer shall be issued by the Registrar of the University on the date of
declaration of result of First
Professional examination of various courses.
5) An Applicant student shall obtain "No Objection Certificate" from
the "Parent / Relieving" College and a No Objection Certificate
from the "Receiving/ Admitting" College and enclose them with his/her application for
transfer.
6) The No Objection Certificate from the “Relieving/Parent” College under the signature of its Dean / Director / Principal, as the case may be, in the prescribed form (Annexure –“A” of this Direction) shall indicate-
a) (i) the
compassionate grounds in terms of death of supporting parent
/guardian,
or
(ii)
illness of the applicant causing
disability, or
(iii)
disturbed conditions declared by the Government in the
concerned geographical area
during
the period of study of the First Professional part of the Health Science course
of the applicant student ;
b) that he / she
has no " Outstanding Dues " payable to the Relieving / Parent College
;
c) the date of
his / her birth as entered in the record of the Relieving College ;
d) that this NOC
is within the 5% limit of the total intake capacity (fraction to be rounded off to the nearest integer
without increasing the intake capacity.)
e) category of
the applicant.
7) The
No Objection Certificate from
the “Receiving/Admitting College” under the signature of its Dean / Director /
Principal, as the case may be, in the prescribed form (Annexure "B"
of this Directions) shall indicate -
a) that the
vacancy is within 5% limit of the total intake capacity. Such a vacancy
includes less numbers of admissions for First Year Degree course, migration/
transfer of students in Second Year of the course, drop-outs during the same
year and failure at the regular First Professional Exam.
8) The
number of vacancies available for transfer for concerned batch of applicants
shall be worked out on the basis of percentage of pass at the First
Professional University examination.
Explanation
:-
If the number of vacancies is 4 and the
percentage of passes at the First
Professional
examination is 75%, then the number of vacancies for the annual examination
shall be 3 i.e., 75% of vacancies available.
For students passing the supplementary First
Professional
examination vacancy available will be one. Fraction, if any, in computation of vacancies on
percentage basis, shall be rounded off to the nearest integer if it is 0.5 it will go to regular batch.
However, the total number of vacancies available for that year will not change.
9) The cases
where there is a dispute between the applicant seeking transfer and the
authorities of the Relieving / Receiving college(s) as regards issuance of
NOC's may be preferred by the applicant in writing to the Vice-chancellor of the Maharashtra University of Health
Sciences, Nashik, who shall decide the same within FIFTEEN days from the date
of receipt of the representation, so made to him. The decision of the
Vice-chancellor shall be final and binding.
10) All the
applications, accompanied by the processing fee, as may be prescribed by the
University from time to time, shall be received by the University on or before
the cut -off date as notified.
11) An applicant
seeking transfer on Medical grounds may be required to appear before a
duly constituted Medical Board constituted by the Vice-Chancellor of the
University for this purpose, upon payment of such fee as may be prescribed by
the University from time to time.
12) The Standing
Medical Board shall comprise of Three Expert Members, of whom one shall
be the Chairman, who may co-opt additional such experts, as invitees as may be
relevant and necessary, in consultation with the Vice-Chancellor. The tenure of
the Board shall be of ONE year duration.
13) The
applications duly scrutinized and found valid by the Registrar, along with the
report(s) made by the Standing Medical Board, if any, shall be then placed
before a Three Man Committee constituted by the Vice Chancellor by drawing one
member each from the Senate, Academic Council and the Management Council. The
Member belonging to the Management Council shall be the Chairman of the
Committee. The Committee shall consider the applications along with the reports
made by the Standing Medical Board and
make its recommendations to the Vice Chancellor.
14) If there are
more applications for the transfer to a
particular institution than the vacancies available the following
criteria shall be applied for the transfer-
i)
the candidate with higher total marks in the first professional examination shall
be given preference ( 5 % of marks shall be deducted from the total for each
attempt if the candidate has passed in more than one attempt. )
ii)
if the tie persists
the candidate with higher total marks at the H.S.C. or equivalent examination
will be preferred ( 5 % of marks shall
be deducted from the total for each attempt if the candidate has passed in more
than one attempt. )
iii)
if the tie persists the candidate with higher age will be
preferred.
15) The candidate
seeking transfer on medical ground
causing disability shall produce a Medical certificate from Civil Surgeon or
Professor / Asso. Professor of concerned speciality ( This certificate shall be treated as provisional certificate to
refer to the Standing Medical Board
).
16) The transfer
shall be permitted subject to fulfillment of the conditions included under
clauses 5 & 6, of this Direction ensuring that the category of the " Transferee " in respect of
the " Payable Tuition Fee " is not altered.
17) Upon the
approval by the Vice-Chancellor, the decision shall be communicated by the
Registrar, under his signature, to all concerned, including concerned Central
Council.
18) The Transferee student shall join the College to which he/she has been granted transfer within SEVEN DAYS from the date of receipt of the letter from the Registrar.
19) The "
Admitting College " shall submit a compliance report to the Registrar,
Maharashtra University of Health Sciences, Nashik within FIFTEEN days from the date of receipt of the letter
from the Registrar of the University, granting the transfer(s).
20) All the
transfers so permitted shall invariably be given effect within 90 days from the
date of declaration of the results of the First Professional Examination of the concerned courses in Health Sciences
conducted by the Maharashtra University of Health Sciences, Nashik.
21) In case of any
difficulty in giving effect to the provisions of this Direction or in
interpretation of the provisions of the Direction, the matter shall be referred
to the Vice-Chancellor and his decision shall be final and binding.
22) This Direction
shall come into force from the date of its issuance and shall remain in force
till an Ordinance to give effect to Section 50 (x) of the Act is duly made.
Place : Nashik
Sd/-
Date : 01 / 07 /2002 ( Dr. D. G. Dongaonkar)