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:-

Sl. No	Elective subject	Minimum percentage of marks to be obtained in Madhyamik Pariksha or equivalent examination
(1)	(2)	(3)
I.	Mathematics, or Statistics, or Business Economics including Business Mathematics	34% in Mathematics
II.	Biological Sciences	34% in Life Science
III.	Physics or Chemistry or both	34% in Physical Science
IV.	Geography	34% in Geography
V.	Computer Science	34% in Mathematics

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 p

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