Section 5 in The Karnataka Professional Education Institutions (Regulation of Admission and Determination of Fee) Act, 2006
5. Admission Overseeing Committee.-
(1)There shall be a Admission Overseeing Committee consisting of,-(a)a retired Judge of High Court of Karnataka nominated by the Chief Justice of the High Court of Karnataka - Chairperson(b)Vice-Chancellor of either the Rajiv Gandhi University of Health Sciences or the Vishveshwaraiah Technological University, as the case may be depending on the course of study - Member(c)a person of repute in the concerned field of education nominated by the Chairperson - Member(d)a person nominated by the Chairperson who shall be a Doctor or Engineer of eminence as the case may be (depending on the course of study) - Member(e)the Secretary to Government in charge of Medical or Higher Education as the case may be (depending on the course of study) - Member Secretary(2)No person who is associated with any private aided or unaided professional educational institution shall be eligible for being a member of the Admission Overseeing Committee.(3)Subject to the pleasure of the authority competent to nominate, the term of the office of the nominated members shall be for the period of two years from the date of their nomination and in the case of vacancy arising earlier, for any reason, such vacancy shall be filled in the same manner specified above for the remainder of the term. The non-official members shall be eligible to draw such rate of sitting fee and Traveling Allowance as may be prescribed.(4)No act or proceeding of the Admission Overseeing Committee shall be deemed to be invalid by the reason merely of any vacancy in, or any defect in the constitution of the committee.(5)A member of the Admission Overseeing Committee shall cease to be so, if he performs any act which in the opinion of the State Government is unbecoming of a member of the committee:Provided that no such member shall be removed from the committee without giving him an opportunity of being heard.(6)The Chairman shall preside over the meeting of the Admission Overseeing Committee and the Committee may adopt its own procedure as it deems fit.(7)The Admission Overseeing Committee shall specify the standards and procedure to be followed by the Association of unaided Private Professional Educational Institutions non-minority or minority as the case may be while conducting the common entrance test and shall oversee and supervise the common entrance test. The Admission Overseeing Committee shall also supervise and oversee the centralised counseling and the admissions made by the Association of unaided Private Professional Educational Institutions non-minority or minority as the case may be in order to ensure that it is conducted in a fair, transparent and non-exploitative manner. For the purpose of ensuring this the State Government shall provide such number of officers and officials to the Admission Overseeing Committee as may be required.(8)The Admission Overseeing Committee may also hear complaints with regard to admission in contravention of the procedure laid down by the Admission Overseeing Committee. If the Admission Overseeing Committee after obtaining the evidence and explanation from the management concerned comes to the conclusion that there have been contraventions of the procedure prescribed for admission or lapses on the part of the unaided colleges, it shall make appropriate recommendation to the State Government and the State Government may direct the concerned university to levy and collect a fine of up to Rs.10 lakhs in case of each contravention or any other course of action as it may deems fit. It shall be lawful for the university to levy such fine. The Admission Overseeing Committee may also declare admissions to be de-hors merit and therefore invalid and in such case the concerned university shall not permit such candidates to appear for the examination. The university shall not approve all or any of the admissions made to such institutions in contravention of the provisions of this Act.(9)The Admission Overseeing Committee shall have the power to regulate its own procedure in all matters arising out of the discharge of its functions, and shall, for the purpose of making any inquiry under this Act, have all the powers of a civil Court under the Code of Civil Procedure, 1908 while trying a suit, in respect of the following matters, namely:-(a)summoning and enforcing the attendance of any witness and examining him on oath;(b)the discovery and production of any document;(c)the reception of evidence on affidavits;(d)the issuing of any commission for the examination of witness.(10)The Admission Overseeing Committee may, if it is satisfied that any institution has violated any of the provisions of this Act, recommend to the appropriate university or statutory body for withdrawal of the affiliation or recognition of such institution or for any other course of action as it deems fit.(11)The Admission Overseeing Committee or any officer authorised by it shall have power to inspect at any stage of the process of admission conducted by the Association of unaided Private Professional Educational Institutions. non-minority or minority as the case may be Whenever on such inspection, the Admission Overseeing Committee arrives at the opinion that the admission process conducted by the Association of unaided Private Professional Educational Institutions non-minority or minority as the case may be is unfair, non-transparent and exploitative or contravening of the procedure specified by the Admission Overseeing Committee, it may after giving an opportunity of hearing declare such process as unfair or non-transparent or exploitative and therefore invalid.Provided that Government, on receiving complaints or on investigation by any other agency, if it is of the opinion that association of private professional educational Institutions or any individual Institution is making admissions in violation of triple test of fairness Transparency and non-exploitation and it appears prima facie to be true, may by notification, declare that the procedure followed by association of private Educational Institutions or such individual institution is unfair, non-transparent or exploitative and therefore invalid and may direct that all seats of such association or individual institution shall be filled through Common Entrance Test Committee in a transparent manner, under close supervision having representatives of the association of the private professional educational institutions, private universities, or deemed universities, as the case may be:Provided further that no such declaration shall be made without giving prior notice to such association or institution.(12)On such declaration under sub-section (11), the admission process for private unaided institutions shall be conducted by the State Common Entrance Test Committee for the same applicants. The expenditure incurred by the State Common Entrance Test Committee in this regard shall be recovered from the Association during the allotment of seats through counseling or as an arrears of land revenue.
