Appeals

(1) An Appellate Authority shall be constituted by the State Government, which shall consist of the following:- (a) A retired Judge of the High Court nominated by the State Government - Chairman (b) A retired officer nominated by the State Government who is not below the rank of Chief Secretary or equivalent level - Member (c) An eminent educationist nominated by the Governor - Member Any person or private institution who is not in agreement with the order of the Admission and Fee Regulatory Committee may appeal within one month of the receipt of the order. (2) The authority shall come into existence from the date of issue of the notification and the tenure of the nominated members shall be for a period of three years or until any nominated member attains the age of 65 years, whichever is earlier: Provided that the tenure of the Chairman of the authority shall be 03 years from the date of nomination or until attaining the age of 68 years, whichever is earlier and before this, if for any reason a vacancy arises in the authority, the State Government shall fill that vacancy for the remainder of the tenure within three months of the vacancy arising. (3) Any act or proceeding of the Authority shall not be considered invalid due to any error in the constitution of the Appellate Authority or merely due to any vacancy. (4) Any person who is associated in any way with any private institution shall not be eligible to be the Chairman or member of the Authority. (5)(one) The Chairman or any member may resign from the post of Chairman or member, as the case may be, at any time by a joint signed letter addressed to the State Government. (two) The State Government shall remove any person referred to in sub-section (one) from the post of Chairman or member, if that person:- (a) Becomes an un-discharged insolvent; (b) Is convicted of an offense, which in the opinion of the State Government involves moral turpitude and is sentenced to imprisonment; (c) Refuses to work or becomes incapable of working; (d) In the opinion of the State Government, the post has been misused by the Chairman or any member in any way, whereby the continuation of that person on the post has become harmful to the public interest or if the Chairman or any member does any such act, which in the opinion of the State Government is unbecoming of the Chairman or member of the Authority, then he shall be removed from the post of Chairman or member of the said Authority: Provided that such Chairman or any member shall not be removed by the State Government without providing an opportunity of being heard. (6) The meeting of the Appellate Authority shall be presided over by the Chairman and in the absence of the Chairman, any one of the members shall be elected by the Authority to preside over the special meeting and the Authority may adopt its own procedure as it deems fit.