West Bengal Council of Higher Secondary Education (Admission and Allied Matters) Regulations, 2006

GOVERNMENT OF WEST BENGAL
West Bengal Council of Higher Secondary Education

No. 185-SE(HS)/8C-04/06 Kolkata, the 11th October, 2006.

NOTIFICATION

In exercise of the power conferred by clause (d), (h) and (k) of sub-section (2), read with sub-section (3), of section 21 of the West Bengal Council of Higher Secondary Education Act, 1975 (West Ben. Act VIII of 1975) and in supersession of the West Bengal Council of Higher Secondary Education (Admission and Allied Matters) Regulation, 1987, as subsequently amended, the West Bengal Council of Higher Secondary Education, with the approval of the State Government, hereby makes the following regulations:-

REGULATIONS

1. Short title and commencement.

(1) These regulations may be called the West Bengal Council of Higher Secondary Education (Admission and Allied Matters) Regulations, 2006.

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

2. Definitions.

(1) In these regulations, unless there is anything repugnant in the subject or context,-

(a) “academic session” means the academic session specified in regulation 3;

(b) “Act” means the West Bengal Council of Higher Secondary Education Act, 1975 (West Ben. Act VIII of 1975);

(c) “Admission Committee” means a Committee constituted under sub-section (1) of section 19 of the Act;

(d) “authority” means,-

(i) an authority specified in Schedule I; or

(ii) such other authority as the State Government may, by order, specify;

(e) “Board” means the West Bengal Board of Secondary Education established under section 3 of the West Bengal Board of Secondary Education Act, 1963 (West Ben. Act X of 1963);

(f) “Board of Madrasah” means the West Bengal Board of Madrasah Education established under section 3 of the West Bengal Board of Madrasah Education Act, 1994 (West Ben. Act XXXIX of 1994);

(g) “Council” means the West Bengal Council of Higher Secondary Education established under section 3 of the Act;

(h) “equivalent examination” means,-

(i) a public examination, by whatever name it is called, instituted by an authority included in Schedule I, the curriculum of which is comparable to the pattern of Secondary Education and which terminates the studies of class X; or

(ii) such other examination as the State Government may, by order, specify as such and which terminates the studies of class X.

Explanation I. – An examination passed under any Open School System shall be considered as equivalent examination, if the curriculum of such examination is comparable to the Secondary Education.

Explanation II. – For removal of doubts, it is hereby declared that an examination without the paper on Physical Science, Life Science and Mathematics shall not be considered as equivalent examination;

(i) “Higher Secondary Course” means course of studies imparted in Class XI and Class XII in recognised Institutions;

(j) “Madhyamik Pariksha” means the public examination, instituted by the Board, which terminates the studies of Class X;

(k) “migrating student” means a student who has passed the equivalent examination excepting the examination instituted by the Board, the Board of Madrasah and the Rabindra Mukta Vidyalaya and is seeking admission into a recognised Institution;

(l) “recognised Institution” means an Institution recognised by the Council under the provisions of the Act;

(m) “registration number” means the number allotted to a student in accordance with regulation 9;

(n) “transfer certificate” means a certificate issued by the Head of the Institution, which enable a student to be admitted in any recognised Institution on transfer basis.

(2) The words and expressions used in these regulations but not defined shall have the same meanings as assigned to them in the Act.

3. Academic session.

The academic session of class XI shall start in the month of June every’ year and academic session of class XII shall start in the month of May every year.

4. Admission into class XI.

(1) Save as otherwise provided in sub-regulation (2), sub-regulation (3), sub-regulation (4), regulation 5 or regulation 8, as the case may be, a student, who has passed the Madhyamik Pariksha or equivalent examination, may be admitted into class XI of a recognised Institution within the 31st day of August of the academic session of class XI:

Provided that the Council may, in exceptional circumstances, extend the date of admission:

Provided further that no student shall be admitted into class XI of a recognised Institution after the expiry of three consecutive academic sessions of class XI from the date of publication of his result of the Madhyamik Pariksha or equivalent examination.

Explanation I. – For the purposes of this regulation, a student shall include the person, who is a sightless candidate within the meaning of the West Bengal Council of Higher Secondary (Examination) Regulations framed under the provisions of the Act.

Explanation II. – For the purposes of this regulation, the expression “exceptional circumstances” shall not include any circumstance attributable to illness or any other personal reason of a candidate or a particular group of candidates.

(2) A student who has passed equivalent examination under any authority not included in Schedule I may, with prior permission of the Council, be admitted into class XI of a recognised Institution, and any such admission without prior permission of the Council shall be deemed to be invalid.

(3) A candidate having passed the Alim examination from the Board of Madrasah shall be eligible to be admitted in class XI of a recognised Institution –

(a) With non-laboratory based subjects, if he passed such examination with –

(i) English as either a compulsory subject or an additional subject, and

(ii) one other language subject as a compulsory subject or an additional subject, securing at least 34% marks in the language group and at least 20% marks in each subject of the language group;

(b) with laboratory-based subjects, if he passed such examination with Science as an additional subject securing at least 34% marks in the subject.

(4) A student, who is not a citizen of India and has passed the School Leaving Certificate Examination, may be admitted into class XI of a recognised Institution with the prior permission of the Council and any such admission without prior permission of the Council shall be deemed to be invalid:

Provided that the Council shall, before granting the permission for such admission, determine the equivalence between such Examination and the Madhyamik Pariksha, and if considers necessary, it may obtain the specific comments or clarification in respect of the student or his qualification from the High Commission of India:

Provided further that such student shall be required to furnish-

(a) original copy of Indian Citizenship Certificate or Student Visa, as the case may be, to the Council alongwith the application for obtaining prior permission;

(b) a photo copy of the valid passport alongwith the application for obtaining prior permission;

(c) original copy of migration certificate alongwith the application form for certificate of registration.

Explanation. – For the purposes of this regulation, the expression “School Leaving Certificate Examination” means the examination, by whatever name it is called, conducted by an authority outside India and which terminates the studies of class X.

5. Admission into class XI on transfer certificate.

(1) Subject to the provisions of sub-regulation (3), a student of XI of a recognised Institution may, on the basis of transfer certificate, be admitted into class XI of another recognised Institution with the same subjects within the 30th November of the academic session of class XI.

(2) Subject to the provisions of sub-regulation (3), a student of class XI of an Institution outside the State of West Bengal, whose guardian has moved his residence from any place to the State of West Bengal on account of transfer of his service or otherwise, may, on the basis of transfer certificate and with the permission of the Council, be admitted into class XI of a recognised Institution with the same subjects within the 30th November of the academic session of class XI:

Provided that where an application for permission for admission on .transfer is made by a student against whom any criminal proceeding is pending or where fur any other reason it appears to the Council that the application for permission for admission on transfer has not been made bonafide and the admission on transfer should not be made, the Council may, after giving the student a reasonable opportunity of making a representation in this behalf, reject the application.

(3) The student referred to in sub-regulation (1) or (2) shall, at the time of seeking the admission on the basis of transfer certificate, be required to furnish following documents –

(a) the original transfer certificate;

(b) a certificate issued by the Head of his Institution providing the information –

(i) regarding the subject-wise percentage of his attendance in class XI, and

(ii) as to whether or not application for registration of his name with the Council has been made and, if made, his registration number, if any,

Provided that if the transfer certificate of the student contains the information mentioned in clause (b), no certificate referred to in that clause shall be necessary.

(4) In case of a student referred to in sub-regulation (2), the certificate mentioned in sub-regulation (3) shall be duly countersigned by the concerned District Education Officer, or by the concerned authority, by whatever name it is called.

6. Admission into class XII on transfer certificate.

(1) Subject to the provisions of sub-regulation (2), a student of class XII of an Institution outside the State of West Bengal, whose guardian has moved his residence from any place to the State of West Bengal on account of transfer of his service or otherwise, may, with the permission of the Council, be admitted into class XII of a recognised Institution with the same subjects within the 31st July of the academic session of class XII:

Provided that where an application for permission for admission on transfer is made by a student against whom any criminal or disciplinary proceeding is pending or where for any other reason it appears to the Council that the application for permission for admission on the basis of transfer certificate has not been made bonafide and such admission should not be made, the Council may, after giving the student a reasonable opportunity of making a representation in this behalf, reject the application.

(2) The student referred to in sub-regulation (1) shall, at the time of seeking the admission on the basis of transfer certificate, be required to furnish following documents –

(a) the original transfer certificate;

(b) the original progress report of his academic performance in class XI and XII;

(c) a certificate issued by the Head of his Institution providing the information –

(i) regarding the subject-wise percentage of his attendance in classes XI and XII, (up to transfer).

(ii) whether or not application for registration of his name with the Council has been made and, if made, his registration number, if any:

Provided that if the transfer certificate of the student contains the information mentioned in this clause, no such certificate shall be necessary.

(3) The document mentioned in sub-regulation (2) shall be duly countersigned by the concerned District Education Officer, or by the concerned authority, by whatever name it is called.

7. Bar to admission into Class XI.

The following student shall not be admitted into class XII of a recognised Institution :-

(a) a student, who has appeared in the Higher Secondary Examination or passed in the Higher Secondary Examination or equivalent examination which terminates the studies of class XII or an examination, superior to the Higher Secondary Examination, of any Board or University;

(b) a student who has passed Secondary Examination through Patrachar Vidyalaya of the Central Board of Secondary Education.

8. Re-admission etc.

(1) A student of class XI of a recognised Institution, who has discontinued his studies, may, before expiry of three consecutive academic sessions next following the academic session in which he discontinued his studies, be re-admitted into class XI of the same Institution if the head of the recognised Institution shall condone the period of discontinuance in studies on being satisfied that the discontinuance was caused on account of good and sufficient reasons.

(2) A student of class XII of a recognised Institution, who has discontinued his studies, may, before expiry of three consecutive academic sessions next following the academic session in which he discontinued his studies, be permitted to resume his studies with the same subject in class XII in the same institution, or on the basis of transfer certificate, in any other institution if the head of the recognised Institution shall condone the period of discontinuance in studies on being satisfied that the discontinuance was caused on account of good and sufficient reasons.

(3) A student of class XII of a recognised Institution, who has been disallowed in the test examination of the Higher Secondary Course, may continue his studies with the same subject in class XII in the same institution or, on the basis of transfer certificate, in any other institution :

Provided that no student shall continue his studies beyond three consecutive academic sessions next following the academic session in which he was first so disallowed.

9. Registration of students.

(1) No student shall be allowed to appear at the Higher Secondary Examination unless he is registered with the Council.

(2) Every student who has been admitted into class XI of a recognised Institution shall, within the 31st October of the year of admission, apply, through the head of the Institution, for registration with the Council along with such registration fee as may be determined from time to time by the Council:

Provided that the Council may, in exceptional circumstances, extend the date of submission of the forms for the registration:

Provided further that a migrating student applying for the registration shall, in addition to the registration fee, pay such migration fee as may be determined from time to time by the Council:

Provided also that a migrating student who has passed the equivalent examination from any authority other than the authority specified in Schedule II shall, along with the form for the registration, furnish –

(a) a copy of letter signifying the prior permission, as required under these regulations;

(b) the original migration certificate; and

(c) the original registration certificate issued, if any, by the authority referred to in this proviso.

Explanation. – For the purposes of this regulation, the expression “exceptional circumstances” shall not include any circumstance attributable to illness or any other personal reason of a candidate or candidates.

(3) Every head of a recognised Institution shall, within the 31st October of the year of the admission, remit to the Council through a bank draft favouring “West Bengal Council of Higher Secondary Education” payable at “Kolkata”, or “Burdwan”, or “Medinipore” or “Siliguri”, as the case may be, a consolidated sum representing total registration fee and migration fee received from the students accompanied with a filled up challan specified for the purpose by the Council.

(4) The Council shall, on receipt of the particulars of the student along with the fee as stated in sub-regulation (2), make a record of the particulars of the student and being satisfied with his eligibility, allot a registration number for him and issue a certificate or registration, through his head of institution.

(5) Where it is shown to the satisfaction of the Secretary of the Council that a certificate of registration has been lost or destroyed, the Secretary or his authorised officer may, on payment of such fee as may be prescribed by the Council, issue a duplicate certificate of registration.

10. Power to determine equivalence.

The Council shall have power to determine equivalence between any examinations and Madhyamik Pariksha on the basis of –

(a) regularity or otherwise of the course of studies;

(b) subject package of the course of studies;

(c) total marking weightage of the examination; and

(d) such other criteria as may be considered necessary from time to time by the Admission Committee.

11. Issue of migration certificate.

(1) The Council may, on an application made by a student registered with the Council, issue a migration certificate to the student.

(2) No duplicate migration certificate shall be issued to a student to whom a migration certificate has been issued, unless the student submits an application along with a certificate, issued by the head of the recognised Institution where the student has last studied, or has been studying, to the effect that the student has not submitted the migration certificate to the Institution.

12. Seat limit.

A recognised Institution shall admit –

(a) in case such Institution is a school, not less then thirty students and not more than two hundred and seventyfive students; or

(b) in case such Institution is a college or independent institution, not less than seventy-five students and not more than five hundred students:

Provided that the Council may, in exceptional circumstances, increase the upper limit of the number of students to be admitted in a recognised Institution.

Explanation. – For the purpose of this regulation, “independent institution” means a recognised Institution imparting education in class XI and class XII only.

13. Eligibility for admission into certain elective subject.

In order to be eligible for offering an elective subject, as specified in column (2) of the Table below, a student must obtain the minimum percentage of marks in the subject, as noted in column (3) of that Table:-

14. Course of study.

(1) The Higher Secondary Course shall consist of two parts, i.e. class XI and class XII.

(2) The curriculum of Higher Secondary Course shall consist of –

(a) two language subjects, one each front Group A and Group B of Schedule II;

(b) three compulsory elective subjects, one each to be chosen from any set of elective subjects specified in column (2) against the nine groups specified in column (1) of Schedule III;

(c) one optional elective subject may be chosen from any set of elective subjects remaining after the selection of compulsory elective subjects under clause (b);

(d) one compulsory subject on Environmental Education to be studied in accordance with regulation 15.

Provided that the student of the Higher Secondary Course must take English as a subject either from Group A or Group B of Schedule II:

Provided further that if a student chooses English as a language subject from Group A of Schedule II, he shall have to choose Bengali, Hindi, .Nepali or Alternative English as another language subject from Group B of that Schedule:

Provided also that only those students can choose alternative English, who has not offered any language subjects other than English, as specified in part A of Schedule II, in Madhyamik Pariksha or equivalent examination.

(3) Each paper relating to subjects referred to in sub-regulation (2) shall carry 100 marks in each part of Higher Secondary Course excepting the subject referred to in sub-regulation 2(d) which shall carry 100 marks in Higher Secondary course combining class XI and XII:

Provided that if any subject consists of theoretical and practical paper or project thereon in its syllabus, then the 100 marks shall be deemed to have included mark for practical paper or project thereof.

15. Course on Environmental Education.

(1) A student shall have to study Environmental Education as compulsory subject in class XI and class XII.

(2) The Council shall, by an executive order, issue the guidelines for studying Environmental Education in consistence with the provisions of these regulations.

16. Change of elective subject.

(1) A student may be allowed to change any elective subject, offered by him at the time of admission in accordance with the subject combinations stated in sub-regulation (2) of regulation 14 in class XI before submission of form for certificate of registration.

Provided that no change in elective subject shall be allowed after the submission of form for certificate of registration:

Provided further that notwithstanding anything contained in the first proviso, a candidate may be allowed to change the sequence of elective subjects till the filling up of enrolment form for the Higher Secondary Examination.

(2) Notwithstanding anything contained in sub-regulation (1), the Council may, allow the change of elective subject to a student if –

(a) the head of the institution has, within one month from the end of Annual Examination of class XI, reported that performance of such student in the concerned subject is unsatisfactory, and

(b) the student is willing to prosecute regular course of study again in class XI with the changed compulsory elective subject:

Provided that in case of change of elective subject under this sub-regulation, a student shall be required to apply within one month from the end of Annual Examination, through the head of the Institution for necessary correction in the certificate of registration.

17. Non-taught subject.

(1) A student, upon admission to class XI of a recognised Institution, may, subject to permission of the Council in accordance with sub-regulation (2) of regulation 18, choose –

(a) one subject from Group A of Schedule II, or

(b) Alternative English from Group B of Schedule II, as a non-taught subject.

Explanation. – For the purpose of this regulation and regulation 18, the expression “non-taught subject” means a subject listed in Group A, or Alternative English listed in Group B, of Schedule II, or a subject listed in Schedule III, as the case may be, but is not being taught in the recognised Institution to which the student has been admitted.

(2) A student, upon admission to class XII of a recognised Institution on transfer, may, subject to permission of the Council in accordance with sub-regulation (3) of regulation 18, choose –

(a) one language subject from Group A of Schedule II or the Alternative English from Group B of Schedule II, or

(b) one compulsory elective subject, or

(c) the optional elective subject, as a non-taught subject:

Provided that no subject, which consists of theoretical and practical paper in its syllabus, shall be offered as a non-taught subject.

18. Procedure for offering non-taught subject.

(1) No student shall be eligible to offer a non taught subject without the permission of the Council.

(2) The procedure of seeking permission for offering non-taught subject in class XI of a recognised Institution shall be such as detailed below

(a) a student of class XI seeking permission for offering non-taught subject must submit his application, through the head of the recognised Institution, to the Council on or before the 31st August of the academic year in which he is admitted in class XI;

(b) he must submit an attested photocopy of the Marksheet of the Madhyamik Pariksha or equivalent examination with the application;

(c) while forwarding the application, the head of the recognised Institution must certify that it is the only subject intended by the student to be offered on a non-taught basis.

(3) The procedure of seeking permission for offering non-taught subject in class XII of a recognised Institution shall be such as detailed below

(a) a student who has been admitted in class XII of a recognised Institution on the basis of transfer certificate and seeking permission for offering non-taught subject must submit his application, through the head of the recognised Institution, to the Council on or before 31st July of the academic year in which he is in class XII;

(b) he must submit an attested photocopy of the transfer certificate with the application;

(c) while forwarding the application, the head of the recognised Institution must certify on the basis of transfer certificate that the student concerned has not already obtained permission to study any other subject on a non-taught basis.

19. Interpretation.

(1) Save as otherwise provided in sub-regulation (2), if any question arises relating to the interpretation of any of these regulations, it shall be referred to the State Government and the decision of the State Government in the matter shall be final.

(2) If any question arises relating to the interpretation of any of the provisions containing in regulation 4, 5, 6, 7 or 8 it shall be referred to the Admission Committee, which shall take a decision and pass necessary order in the matter.

20. Appeal.

Any student aggrieved by the decision of the Admission Committee may, within one month from the date of receiving the order of the Admission Committee, prefer an appeal to the Council, and the Council may, after giving an opportunity of being heard, confirm, revise or reverse the order.

SCHEDULE I
[See regulation 2(I)(d)(i)]

(1) Central Board of Secondary Education;

(2) Council for the Indian School Certificate Examination;

(3) Board of Secondary Education, Andhra Pradesh;

(4) Board of Secondary Education, Assam;

(5) Bihar School Examination Board;

(6) Goa Board of Secondary and Higher Secondary Education;

(7) Gujrat Secondary and Higher Secondary Education Board;

(8) Board of School Education, Haryana;

(9) Himachal Pradesh Board of School Education;

(10) Jammu and Kashmir State Board of School Education;

(11) Karnataka Secondary Education Examination Board;

(12) Kerala Board of Public Examination;

(13) Maharastra State Board of Secondary and Higher Secondary Education;

(14) Board of Secondary Education, Madhya Pradesh;

(15) Board of School Education, Manipur;

(16) Meghalaya Board of School Education;

(17) Mizoram Board of School Education;

(18) Nagaland Board of School Education;

(19) Board of Secondary Education, Orissa;

(20) Punjab School Education Board;

(21) Board of Secondary Education, Rajasthan;

(22) Tamil Nadu State Board of School Examination;

(23) Tripura Board of Secondary Education;

(24) Uttar Pradesh Board of High School and Intermediate Education;

(25) West Bengal Board of Secondary Education;

(26) West Bengal Board of Madrasah Education;

(27) Viswa-Bharati, West Bengal;

(28) Rabindra Mukta Vidyalaya, West Bengal;

(29) Jharkahand Academic Council, Ranchi;

(30) Chhatisgarh Board of Secondary Education;

(31) Uttaranchal Shiksha Evm Pariksha Parishad.

SCHEDULE II
[See regulations 14(2)(a)]

Group A

One subject to be chosen from the following fifteen subjects:-

I. English.

II. Bengali.

III. Hindi.

IV. Nepali.

V Urdu.

VI. Santali.

VII. Assamese.

VIII. Oriya.

IX. Tamil.

X. Telugu.

XI. Malayalam.

XII. Marathi.

XIII. Gujarati.

XIV. Punjabi.

XV. Modern Tibetan.

Note: In offering any language under this Group, a student is required to pass that language as the first language in the Madhyamik Pariksha or its equivalent examination.

Group B

One subject to be chosen from the following five subjects

I. English.

II. Bengali.

III. Hindi.

IV. Alternative English.

V Nepali.

SCHEDULE III
[See regulation 14(2)(b)(c)]

Three compulsory elective subjects, one each to be chosen from any group in accordance with sub-regulation (2)(b), and one optional elective subject to be chosen from the Group remaining after the selection of compulsory elective subjects in accordance with sub-regulation (2)(c), of regulation 14 from the following sets of elective subjects:-

Note I. – For the purpose of this Schedule, “Classical Language” means the following language:-

(a) Sanskrit; or

(b) Pali; or

(c) Persian; or

(d) Arabic.

Note 2. – For the purpose of this Schedule, “Modern Foreign Language” means the French language.

Sd/- GOPA DATTA,
President,
West Bengal Council of Higher Secondary Education

No. 185-SE dated 11.10.2006, Source