Assam Technical Educational Research and Training Service Rules, 2005

[Assam Technical Educational Research and Training Service Rules, 2005][1]

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the constitution of India, the Governor of Assam is pleased to make the following rules regulating the recruitment and the conditions of service of the persons appointed to the Assam State Council of Educational Research and Training (SCERT) Service.

Rule - 1. Title and commencement.

(a)      These rules may be called the Assam Technical Educational Research and Training Service Rules, 2005;

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

Rule - 2. Definition.

In these rules unless there is anything repugnant in the subject or context,.

(a)      "Appointing Authority" means the Governor of Assam;

 

(b)      "Board" means the Selection Board constituted under Rule 14;

 

(c)      'Commission" means the Assam Public Service Commission;

 

(d)      "Constitution" means the Constitution of India;

 

(e)      "Government" means the Government of Assam;

 

(f)       "Governor" means the Governor of Assam;

 

(g)      "Member" means a member of the Assam State Council of Educational Research and Training service including members of SCERT (H.Q.) SIE, SISE, E.T Cell, EOSE (attached to SISE and SIE), PEC (attached to SIE, Jorhat);

 

(h)     "Select List" means the list as referred to in Clause(d) of Rule 6(1) and the list finally approved under sub.rule 6(a), sub.rule 6(b)(ii) of Rule 13;

 

(i)       'Service" means the Assam State Council of Educational Research and Training Service;

 

(j)       'Year" means a calendar year, and

 

(k)      "Director" means the Director of SCERT, Assam.

Rule - 3. Classes and Cadre.

(1)     The Service shall consists of the following Classes and Cadres.

(A)     Class.I :

It shall include cadres of.

(i)       Principal, State Institute of Education (SIE);

 

(ii)      Joint Director, SCERT, Assam;

 

(iii)     Principal, State Institute of Science Education (SISE);

 

(iv)    Deputy Directors;

 

(v)      Vice.Principal, SIE;

 

(vi)    Officer.in.Charge, E.T.Cell (in the rank of Dy. Director);

 

(vii)   Controller of Examination;

 

(viii)  Readers;

 

(ix)    Assistant Directors;

 

(x)      Project Officers;

 

(xi)    Lecturers;

 

(xii)   Inspector of Training;

(B)     Class.II : 

The service shall include the cadre of.Gazetted Class II.

(i)       Educational Statistical Officer;

(ii)      Programme.cum.Script Writer, E.T.Cell.

(2)     The service may also include.

(a)      any post equivalent to a post in any of the cadre mentioned in sub.rule (1); and

(b)      any cadre or post laid down by Government to be included in a cadre of the service.

(3)     The post equivalent to the posts in the cadre of the service as on the dates of commencement of these rules mentioned in Schedule.I.

(4)     Members of Class.I and Class.II service shall belong to Class.I and Class.II Government service.

Rule - 4. Strength of Service.

The strength of each cadre in a Class of the service shall be such as determined by the Government from time to time. The strength of the cadre of the service on the date of commencement of these rules shall be shown in Schedule.II :

Provided that the Governor of Assam may hold in abeyance any post as and when considered necessary.

Rule - 5. Method of recruitment.

Recruitment to the service shall be made in the manner prescribed here.in.after,.

(1)     Recruitment to the cadre of.

(a)      Principal, SIE by promotion from the post of Principal SISE and Jt. Director, SCERT;

 

(b)      Principal, SISE by promotion from the post of Vice.Principal, SIE; Deputy Directors and Office..in.charge, ET Cell as per rule 11(2)(i);

 

(c)      Vice.Principal, SIE; Deputy Directors and Officer.in.Charge, ET Cell; By promotion from the post of Readers; Asstt. Directors; Project Officers and Controller of Examination as per rule 11(2)(ii);

 

(d)      Readers; Project Officers and Asstt. Directors and Controller of Examination, By promotion from the post of Lecturers and Inspector of Training as per rule 11(2) (iii);

 

(e)      Lecturers : By promotion from the post of.

(i)       Programme.cum.script writer, E.T.Cell;

(ii)      Educational Statistical Officer as per rule 11(2)(iv).

(2)     The post of Programme.cum.Script Writer, E.T. Cell and Educational Statistical Officer shall be filled up by direct recruitment. There are all total 19 posts of Lecturers.

Out of the 19 posts, 2 posts shall be reserved to be filled up by promotion from the cadres of (1) Educational Statistical Officer, (2) Programme.cum.Script Writer. Other 17 posts will be filled up by direct recruitment.

Hence, out of the total posts 19, ten per cent (10%) will be filled up by promotion and 90% will be filled up by direct recruitment.

Rule - 6. Direct recruitment.

(1)     Direct recruitment shall be made on the basis of recommendation made by the Commission in accordance with the procedure hereinafter provided.

(a)      Before the end of each year the Appointing Authority shall make an assessment regarding the likely number of vacancies to be filled up by direct recruitment during the next year and shall be intimated the same to the Commission together with the details about reservation for candidates, belonging to Schedule Caste, Scheduled Tribes or any other category as laid down by the Government as provided under Rule 16 and about carry forward of such reservation;

 

(b)      The Appointing Authority shall simultaneously request the Commission to recommend a list of candidates for direct recruitment in order of preference:

 

(c)      The Commission shall make a Selection in accordance with the Scheme of selection prescribed by the Government (in consultation with the Commission). The Commission may hold such test and/or interview and undertake scrutiny of research papers of articles, if any, published by the candidates and documents, as may be considered necessary;

 

(d)      The Commission shall furnish to the Appointing Authority a list of candidates recommended by it in order of preference, found suitable for direct recruitment. The number of candidates in such a list may be according to be actual number of vacancies;

 

(e)      The Commission shall simultaneously publish the list in the Assam Gazette and/or at such other place the Commission may consider proper.

(2)     The list mentioned in Clauses (d) and (e) of sub.rule (1) of this Rule shall remain valid for 12 calendar months from the date of recommendation.

(3)     In the event of the Commission being unable to recommend sufficient number of candidates to fill all the vacancies in a year, it shall, in consultation with the Appointing Authority, repeat the procedure as mentioned herein.before under sub.rule (1) of this Rule, for recommending a subsequent list in the year :

Provided that the Appointing Authority shall not make appointment of any candidates of the subsequent list of the same year, eligible for appointment have been offered the appointment.

Rule - 7. Qualification for Direct Recruitment.

A candidate for direct recruitment to the service shall be within the following age limits of 21 years to 36 years on the first January of the year of advertisement with relaxation, in case of candidates belonging to special categories like Schedule Castes, Scheduled Tribes and any other category as laid down by Government in accordance with the orders of the Government in force for the time being.

Rule - 8. Academic Qualification.

The academic qualifications of a candidate for direct recruitment shall be as prescribed by the Governor from time to time. The qualifications and experience prescribed, as on the date of commencement of these rules, are given in Schedule.Ill.

Rule - 9. Physical fitness.

A candidate for direct recruitment shall be.

1.        of sound health, both mentally and physically and free from organic defect or bodily infirmity likely to interfere with the efficient performance of his duties;

2.        required to undergo medical examination and obtain a fitness certificate before appointment to the service.

Rule - 10. Character.

A candidate for direct recruitment shall produce to the Commission certificates of good character from.

(a)      the Principal Academic Officer of the University or College in which he studied last, and

(b)      two respectable persons, who are well acquainted with (but not related to) the candidate.

Rule - 11. Recruitment by Promotion.

Appointment by promotion in the following cadre shall be made in the manner provided herein after.

(1)     The Appointing Authority shall publish in Assam Gazette, annually and the number of vacancies in the cadre which have occurred or are likely to occur in the year;

(2)     Subject to suitability as may be decided by the Selection Board any by the Appointing Authority as set forth in Rule 14 and also subject to possessing qualifications and experiences as prescribed here in after. An officer shall be eligible for promotion from one cadre to another higher cadre of the service in the manner provided below.

(i)       Dy. Directors and Officer.in.Charge, E.T. Cell; Vice.Principal, SIE shall be eligible for promotion to the post of Principal, SIE, and Principal, SISE, subject to the condition that any one who has rendered service in his or her respective cadre or equivalent post in the service as mentioned here in before for a minimum period of as determined by the Board, 5 (five years) the date of earlier promotion;

(ii)      A member of the cadre of Readers; Asstt. Directors; and Controller of Examination; Project Officers shall be eligible for promotion to the cadre of Dy. Directors; Vice.Principal, SIE; Officer.in.Charge, E.T.Cell; subject to the following conditions.

(a)      Any one who has rendered service in his or her respective cadre or other equivalent post in the service as mentioned here.in.before for a minimum period of 5(five) years from the date of earlier promotion;

(b)      He/She must have rendered service in his/her respective cadre of an equivalent post in the service as mentioned here.in.before for a minimum period of 5 years from the date of his/her regularization by APSC;

(iii)     A member of the cadre of Lecturer (SCERT, SISE, SIE, PEC) shall be eligible for promotion to the cadre of Reader, Asstt. Director, EOSE, Project Officer, EOSE; Project Officer, PEC; subject to the condition that he or she must have rendered service in his or her respective cadre or an equivalent post in the service as mentioned here.in.before for a minimum period of 5 years (from the date of regularization by APSC);

(iv)    A member of the cadre of Educational Statistical Officer; Programme.cum.Script Writer, E.T.Cell; shall be eligible for promotion to the post of Lecturer subject to the condition that any one who has rendered service in his or her respective cadre or an equivalent post in the service as mentioned here.in.before for a minimum period of 5 years (from the date of regularization by APSC). 12. Promotion. (1) Vacancies in the Cadre of.

(k) Lecturers by promotion and by direct recruitment,

(l) Inspector of Training,.

Shall be filled up by promotion in the manner prescribed below. Provided that the Governor may for good and sufficient reasons fill up any of these posts for specialised investigation, design and research work temporarily or on tenure by transfer from outside the service, if he is satisfied that there is no suitable officers in the service available for filling the vacancy.

(3)     In case of specialization of a member of the service posted in connection with the specialised subject shall be retained in the same specialised subject shall be retained in the same specialised work, on his promotion in the normal course or by creation of higher post in the cadre to which he is so promoted keeping the lower post in abeyance, if the Government considers that such an officer cannot withdrawn from the specialised work due to non availability of any other officer of the lower or an equivalent cadre in the service to perform the specialised work.

(4)     Subject to suitability as may be decided by the Board and by the Appointing Authority as set forth in Rule 13 and also subject to possessing qualification and experiences as prescribed herein.after, an officer shall be eligible for promotion from one cadre to another of the service in the manner prescribed below.

(i)       From the post Principal, SISE/Jt. Director, SCERT to Principal, SIE;

 

(ii)      From the post of Dy. Directors; Vice.Principal, Officer.in.Charge, E.T.Cell; to the post of Jt. Director, SCERT/ Principal, SISE;

 

(iii)     From the post of Readers; Asstt. Directors; Project Officers to the post of Vice.Principal, SIE, Jorhat; Officer.in.Charge, E.T. Cell; Dy. Directors;

 

(iv)    From the post of Lecturers are eligible for promotion to the post of Readers; Asstt. Directors; Project Officers; 

 

(v)      From the post of Educational Statistical Officer/Progr.amme.cum.Script Writer, E.T.Cell to the post of Lecturers. 

Rule - 13. General procedure of promotion.

(1)     Before the end of each year, the Appointing Authority shall make an assessment of the likely number of vacancies to be filled by promotion in the next year in each cadre.

(2)     The Appointing Authority shall then furnish to the Board the following documents and information with regard to as many officers in order of seniority as are eligible for promotion.

(a)      Information about the number of vacancies;

 

(b)      List of officers in order of seniority, eligible for promotion (separate lists for promotion to different cadres be furnished) indicating the cadre to which the case of promotion is to be considered;

 

(c)      Character roll and Personal files of the officers listed;

 

(d)      Any other documents and information as may be considered necessary by the Appointing Authority or required by the Board.

(3)     The Appointing Authority shall simultaneously request the Board to recommend within one month a list of officers, found suitable for promotion in order of preference, in respect of promotion to each of the cadre in which recruitment is to be made by promotion.

(4)     The selection shall be made on the basis of merit with due regard to seniority in case of promotions stated here.in.before under sub.rule (2) of Rule 12 and Rule 11.

(5)     The Board, after examination of the documents and information furnished by Appointing Authority, shall recommend to the Appointing Authority a list of officers about double the probable number of vacancies, in order of preference, found suitable for promotion.

(6)     The Appointing Authority on receipt of the lists recommended by the Board shall.

(a)      Consider the list prepared by the Board for promotion along with character rolls and personal files of the employees and approve the list unless it considers any change necessary. If the Appointing Authority considers it necessary to make any change in the list received from the Board, he/she shall inform the Board of the changes proposed and after taking into account the comments, the Board may approve the list finally with such modification, if any, as may, in his/her opinion, be just and proper;

(b)      (i) Forward the lists for the posts to the Commission together by the Board together with the information as referred to in sub.rule (2) of Rule 13 with a request to approve the list;

(ii) The Commission shall consider the list recommended by the Board together with the information and documents and such other documents and information as may be required by the Commission and obtained from the Appointing Authority. The Commission shall finally approve the list with such modification as it considers just and proper.

(7)     The inclusion of a candidate's name in a select list shall confer no right to promotion unless the Appointing Authority is 3 satisfied after such enquiry as may be considered necessary that a candidate is suitable for promotion.

(8)     The lists finally approved by the Commission shall be published by the Appointing Authority in the Assam Gazette within 15 days from the date of final approval.

(9)     The select list shall valid for one year from the date of approval by the Commission.

(10)   The promotion shall be in accordance with the lists finally approved by the Commission.

Rule - 14. Selection Board.

The Selection Board as referred to the Rule 11, 12 and 13 for promotion to the post of.

(i)       Principal, SIE, Jorhat,

 

(ii)      Joint Director,

 

(iii)     Principal, SISE,

 

(iv)    Dy. Directors,

 

(v)      Vice.Principal, SIE,

 

(vi)    Officer.in.Charge, E.T. Cell,

 

(vii)   Controller of Examination,

 

(viii)  Readers,

 

(ix)    Asstt. Directors,

 

(x)      Project Officers,

 

(xi)    Lecturers,

 

(xii)   Inspector of Training. Shall consist of the following members.

Rule - 15. Disqualification..

(1)     No person shall be eligible for appointment to the service.

(a)      unless he/she is a Citizen of India; and

(b)      if he/she has more than one wife living or in case of a female candidate who has married a person who has one wife living :

Provided that the Governor may, if he is satisfied that there are special ground for doing so, exempt any person from the operation of this clause.

(2)     No person who attempts to enlist support for his/her candidature directly or indirectly by any recomendation, either written or oral or by any other means, shall be appointed to the service.

Rule - 16. Reservation.

In all cases of appointment by direct recruitment as well as by promotion, there shall be reservation in case of candidates belonging to the member of the Scheduled Castes, Scheduled Tribes as per the provision of the Assam Scheduled Caste and Scheduled Tribes (Reservation of Vacancies in Services and Post) Act, 1978 and Rule framed thereunder. There shall also be reservation for candidates belonging to other Backward Classes as per Government instructions contained on OM No. AE.338/83/ 14 dtd. 4.1.84 for direct recruitment only. Other statutory provision or general orders in respect of reservation in favour of other categories of candidates as may be in force for time being, shall also be followed.

Rule - 17. Appointment.

(1)     Subject to the provision of sub.rule (2), appointment under Rule 6 shall be made by the Appointing Authority in accordance with the order of preference determined in the list referred to in clause (d) of sub.rule (1) of Rule 6.

(2)     The inclusion of a candidate's name in the list mentioned in clause (d) of sub.rule (1) of Rule (6) shall confer no right to appointment unless the Appointing Authority is satisfied after such enquiry as prescribed by the Government from time to time and also, as may be considered necessary, that a candidate is suitable in all respects for appointment to the service.

Rule - 18. Joining time.

A person shall join within 15 days from the date of receipt of the order of appointment or of promotion, failing which the appointment shall be cancelled, unless the Appointing Authority extends the period, which shall not in all exceed three months.

Rule - 19. Training.

A member of the service shall be required to undergo such training and pass such departmental examination as the Government may prescribe.

Rule - 20. Discharge or Reversion.

A temporary or officiating member shall be liable to be discharged or reverted to the Lower Cadre of the Service or to his/her original service, if.

(i)       he/she fail to make sufficient use of the opportunities given during any training as may be prescribed by the Government from time or fails to render satisfactory service during his/ her tenure of service in the cadre, and/or,

(ii)      it is found on a subsequent verification that he/she was initially not qualified for the appointment or that he/she had furnished any incorrect information with regard to his/her appointment.

Rule - 21. Seniority.

(1)     The seniority of a member in a cadre appointed by direct recruitment or by promotion shall be determined according to the order of preference in the respective list finally approved by the Appointing Authority under sub.rule (6) (a) of Rule 13 and approved by the Commission under sub.rule 6(b) (ii) of Rule 13; if he/she joins the appointment within 15 days from the date of receipt of the order or within the extended period as mentioned in Rule 18.

(2)     If a member fails to join the appointment within the initial 15 days of receipt of the order or within the extended period, as mentioned in Rule 18, but joins later, his/her seniority shall be determined in accordance in with the date of joining.

 

(3)     A member appointed by promotion in year shall be senior to a member appointed by Direct Recruitment in that year.

Rule - 22. Probation and Confirmation.

(1)     Subject to availability of a permanent vacancy in the respective cadre, a member shall be placed, accordingly to seniority on probation against the permanent vacancy for period of two years before he/she is confirmed against the permanent vacancy :

Provided that the period of probation may for good and sufficient reasons be extended by the Appointing Authority for any specified period, not exceeding a period of two years :

Provided further that the period of probation may be curtailed or dispensed with in any case for good and sufficient reasons by the Appointing Authority.

(2)     A member of the service placed on probation under sub.rule (1) shall be confirmed against the permanent vacancy subject to the following condition.

(a)      he/she has completed the period of probation to the satisfaction of the Appointing Authority in accordance with sub.rule(1);

(b)      he/she has successfully undergone the training and pass such departmental examination, if any, prescribed by Government under Rule 19.

(3)     If confirmation of member is delayed on account of his/her failure to quality for such confirmation, he/she shall loss his/her position in order of seniority vis.a.vis such of his/her juniors as might be confirmed earlier than him/her. His/her seniority shall, however, be restored on his confirmation subsequently.

Rule - 23. Gradation List.

There be prepared and published every year a gradation list containing the name of all members of the service cadre.wise in order of seniority and such other particulars as date of birth, date of appointment, date of regularization by APSC etc.

Rule - 24. Pay.

All appointment in the service shall be made in the time scale of pay as may be prescribed by the Government from time to time. The scale of pay of the post in the cadre of the service, on the date of commencment of these rules, are as shown in Schedule.II.

Rule - 25. Mode of Employment.

(1)     Members of the service shall be employed in such manner as the Appointing Authority may decide.

(2)     A member of the service shall be liable to be posted anywhere within the State of Assam or outside Assam, or to any other department of the Government, a Body/Corporate, in the affairs of which the Government may be substantially interested, or an Autonomous District Council, if so required in the interest of public and in such cases the member shall not any objection against such posting or transfer.

Rule - 26. Other Conditions of Service.

(1)     Except as provided in these rules all matters relating to pay and allowances, leave, pension, discipline and other conditions of service shall be regulated by the general rules and/or orders of the Government for the time being in force.

(2)     The condition of service of the members, in respect of matters, for(sic)ch no provision has been made in these rules, shall be the same as are, for the time being applicable to other officers of the Government of the corresponding status and having similar functions.

Rule - 27. Relaxation.

Where the Governor is satisfied that the operation of any these rules causes undue hardship in any particular case, it may dispense with or relax the requirement of that rule to such extent and subject to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner :

Provided that the case of any person shall not be dealt with in any manner less favourable to him than that provided in these rules.

Rule - 28. Interpretation.

If any question arises relating to the interpretation of these rule the decision of the Government shall be final.

Rule - 29. Repeal and Savings.

The rules corresponding to these rules and in force immediately before commencement of these rules, are hereby replaced :

Provided that all orders made or action taken under the rules so repealed or under any general orders ancillary thereto shall be deemed to have validly made or taken under the corresponding provisions of these rules.

SCHEDULE.I

[Rule 3(3)I]

List of Posts Equivalent to and included in the Cadre of Service

SCHEDULE.II

[Rule 4 and 24]

Strength of Each Cadre in the Service and Scale of Pay

SCHEDULE.III

[Rule 8]

DIRECT RECRUITMENT