BIHAR
DISTRICT BOARD SECONDARY AND SENIOR SECONDARY SCHOOL SERVICE (APPOINTMENT,
PROMOTION, TRANSFER, DISCIPLINARY PROCEEDING AND SERVICE CONDITION) RULES, 2020
PREAMBLE
In exercise
of power conferred under Section 243 Chha (11th Schedule, Item No.-17) of the
Constitution of India and Section 73 read with Section 146 of the Bihar
Panchayat Raj Act, 2006, the Governor of Bihar hereby makes the following Rules
for appointment/promotion and service condition of Teacher/Librarian/Head
Master working in Government, Nationalized, Project Girls and upgraded
secondary/Senior secondary schools situated in rural area:-
Rule - 1. Preamble.
The State
Government is resolute for the expansion and strengthening of the Secondary and
Senior Secondary Schools in the State. For this, the Government has resolved in
the year 2006, in the light of the 73rd and 74th Amendment of the Constitution
of India, to decentralize the appointment of teachers of the Secondary and
Senior Secondary Schools, consequently has entrusted the responsibility of
appointment/promotion of teachers and Librarian working in secondary/Senior
secondary schools situated in rural areas to District Board. All panchayats are
being covered with one Senior secondary schools each as per the Resolution No.
1021 dated 05.07.2013 issued by the State Government. And for this, posts of
secondary and Senior secondary teachers have also been created. Therefore, in
order to achieve the objective of improving the appointment procedure and service
conditions of Head master/teachers/librarians, these rules are being framed.
Rule - 2. Short Title, Extend and Commencement.
(a)
These Rules shall be called the
"Bihar District Board Secondary and Senior Secondary School Service
(Appointment, Promotion, Transfer, Disciplinary Proceeding and Service
Condition) Rules, 2020".
(b)
It shall extend to the whole of the
State of Bihar.
(c)
It shall come into force from the date
of issue of notification.
Rule - 3. Definitions.
In these
Rules, unless there is anything repugnant in the subject or context-
(i)
"Government" means Bihar
Government;
(ii)
"Administrative Department"
means the Education Department;
(iii)
"Secondary Schools" means,
Government/Nationalized/Project Girls Secondary/Upgraded Secondary Schools
imparting education up to Class 10.
(iv)
"Senior Secondary Schools"
means, Government/Nationalized/Project Girls Senior Secondary/Upgraded Senior
Secondary Schools imparting education up to Class 12.
(v)
"District Board" means,
District Board, constituted under Bihar Panchayat Raj Act, 2006.
(vi)
"Cadre" means, Cadre of
Teacher and Head Master, appointed under the jurisdiction of District Board as
per the provision of this Rule.
(vii)
"Appointing Authority"
means, the Committee constituted for preparation of panel under this Rules,
competent to directly appoint/promote teacher, Librarian and Head Master.
(viii)
"Disciplinary Authority"
means, the committee, constituted to appoint/ promote teacher, Librarian and
Head Master under this Rule, which is competent to conduct disciplinary
proceeding against them.
(ix)
"Appellate Authority" means,
'District Appellate Authority' constituted at the district level, to decide
complaint/appeal regarding matters related with appointment of Head
Master/Teacher/Librarian and matters related with their service conditions,
after hearing the parities and 'State Appellate Authority' constituted at the
State level to hear appeal against the order passed by the 'District Appellate
Authority'.
(x)
"Teacher" means,
(a)
District Board Secondary Teacher,
appointed under this Rule for imparting education up to Class-10;
(b)
District Board Senior Secondary
Teacher, appointed under this Rule for imparting education up to Class-12;
(xi)
"Librarian" means, Librarian
appointed under this Rule for management and maintenance of the books in the
Library at Secondary School and Senior Secondary School governed under this
Rule.
(xii)
"Head Master" means, Head
Master appointed in the Senior Secondary School governed under this Rule.
(xiii)
"Non-teaching employee"
means, the non-teaching employees appointed in Secondary Schools and Senior
Secondary schools by the District Board under different provisions of the State
Government, who are not engaged in teaching work.
(xiv) "University" means, university constituted under Statute or
university, recognized by University Grant Commission.
(xv)
"National Council for Teacher
Education" means Council, regulating the teaching and training
arrangements at the national level.
(xvi) "Teacher Eligibility Test" means, eligibility test conducted
for concerned candidates with respect to the appointment on the post of
teachers through direct recruitment process under this Rule.
(xvii) "Librarian Eligibility Test" means, eligibility test conducted
for concerned candidates with respect to the appointment on the post of
librarian through direct recruitment process under this Rule.
(xviii)
"Teacher Training" means,
teacher training from any training institution recognized either by Central or
any State Government before the enforcement of NCTE Act, 1993 or B.Ed/B.A.
Ed/B.Sc Ed degree from any training institution recognized by NCTE after the
enforcement of NCTE Act or B.Ed/B.A. Ed/B.Sc Ed degree from any training
institution recognized by those State/Union Territory where NCTE Act is not
enforced.
Rule - 4. Constitution of Cadre.
Following
are the cadre constitution of appointed teachers under District Board:-
(i)
District Board Secondary Teacher;
(ii)
District Board Senior Secondary
Teacher;
(iii)
Head Master
Rule - 5. Direct appointment shall be made to all the post of District Board Secondary Teacher.
The minimum
education qualification for direct recruitment on the post of District Board
Secondary Teacher, shall be as follows:-
(i)
Should be citizen of India and a
resident of Bihar State.
(ii)
(a) Must be graduate/post graduate
from recognized university with at least 50% marks in specified subject group.
For the Scheduled Caste/Scheduled Tribe/Extremely Backward Class/Backward
Class/Persons with disabilities/women and Economically Weaker Sections, 5%
relaxation shall be given in the minimum required marks. The degree of 'Alim' and
the degree of 'Shashtri' granted from the Maulana Mazharul Haque Arabic &
Persian University, Patna/Bihar State Madarsa Education Board and Kameshwar
Singh Darbhanga Sanskrit University respectively shall be treated as equivalent
to the graduation.
With, graduation
in Education (B.Ed) from any training institution recognized by NCTE.
Or
Graduate/Post
Graduate from recognized university with at least 45% marks in Graduation or
Post Graduation in accordance with the National Council for Teacher
Education)Form of application for recognition, the time limit of submission of
application, determination of norms and standards for recognition of teacher
education programmes and permission to start new course or training)
Regulations, 2002 notified on 13.11.2002 and National Council for Teacher
Education (Recognition Norms and Procedure) Regulations, 2007 notified on
10.12.2007. For the Scheduled Caste/Scheduled Tribe/Extremely Backward
Class/Backward Class/Persons with disabilities/women and Economically Weaker Sections,
5% relaxation shall be given in the minimum required marks. The degree of
'Alim' and the degree of 'Shashtri' granted from the Maulana Mazharul Haque
Arabic & Persian University, Patna/Bihar State Madarsa Education Board and
Kameshwar Singh Darbhanga Sanskrit University respectively shall be treated as
equivalent to the graduation.
With,
graduation in Education (B.Ed) from any training institution recognized by
NCTE.
Or
4 years
degree of B.A. Ed/B.Sc Ed. from any training institution recognized by NCTE.
(b)
Qualification for the post of Physical Education Teachers:-
Bachelor's
degree with Physical Education as an optional subject with 50% marks. For the
Scheduled Caste/Scheduled Tribe/Extremely Backward Class/Backward Class/Persons
with disabilities/women and Economically Weaker Sections, 5% relaxation shall
be given in the minimum required marks.
Or
Bachelor's
degree with Physical Education as an optional subject with 45% marks and
participation in national or State or Inter-University competitions in sports
or games or athletics recognized by Association of Indian University or Indian
Olympic Association. For the Scheduled Caste/Scheduled Tribe/Extremely Backward
Class/Backward Class/Persons with disabilities/women and Economically Weaker
Sections, 5% relaxation shall be given in the minimum required marks.
Or
Bachelor's
degree with 45% marks and having participated in National or State or
Inter-University sports or games or athletics. For the Scheduled
Caste/Scheduled Tribe/Extremely Backward Class/Backward Class/Persons with
disabilities/women and Economically Weaker Sections, 5% relaxation shall be
given in the minimum required marks.
Or
For deputed
in-service candidates (i.e. trained Physical Education
Teachers/Coaches)Graduation with 45% marks. For the Scheduled Caste/Scheduled
Tribe/Extremely Backward Class/Backward Class/Persons with disabilities/women
and Economically Weaker Sections, 5% relaxation shall be given in the minimum
required marks. With at least 3 years of teaching experience as per National
Council for Teacher Education (Recognition Norms & Procedure) Regulations,
2009.
Or
Graduate in
Physical Education with 45% marks. For the Scheduled Caste/Scheduled
Tribe/Extremely Backward Class/Backward Class/Persons with disabilities/women
and Economically Weaker Sections, 5% relaxation shall be given in the minimum
required marks.
Or
Graduate
with Physical Education as an optional subject with 40% marks. For the
Scheduled Caste/Scheduled Tribe/Extremely Backward Class/Backward Class/Persons
with disabilities/women and Economically Weaker Sections, 5% relaxation shall
be given in the minimum required marks.
Or
Graduate
who participated school, inter-Collegiate in sports/games or passed NCC 'C'
Certificate in accordance with the National Council for Teacher Education
(Recognition Norms and Procedure) Regulations, 2007 notified on 10.12.2007.
Or
Graduate in
Physical Education i.e. B.P.Ed course (or its equivalent) of 3 years duration.
Or
Graduate
having represented State/University in sports/athletics.
Or
Graduate
who has secured 1st, 2nd or 3rd position in Inter-Collegiate
sports/games/tournaments possessing NCC 'C' Certificate or passed basic course
in Adventure Sports.
Or
Graduate
with one year programme in Sports, Science, Sports Management, Sports Coaching,
Yoga, Olympic Education, Sports Journalism etc. (in accordance with the
National Council for Teacher Education (Form of application for recognizing,
the time limit of submission of application, determination of norms and
standards for recognition of teacher education programmes and permission to
start new course for training) Regulations, 2002 notified on 13.11.2002.
Or
Bachelor of
Physical Education (B.P. Ed.) of at least one year duration (or its equivalent)
from any National Council for Teacher Education recognized institution.
(c)
Qualification for the post of Oriental Teachers:-
(i)
Graduate (or its equivalent) in
Sanskrit/Farsi/Arabic from recognized university or recognized Board/Samiti
with at least 45% marks. For the Scheduled Caste/Scheduled Tribe/Extremely
Backward Class/Backward Class/Persons with disabilities/women and Economically
Weaker Sections, 5% relaxation shall be given in the minimum required marks.
(ii)
Graduate in Education (B.Ed.) from any
training institution recognized by NCTE.
(d)
Qualification for the post of Music/Fine Arts.
Graduate
(or its equivalent) in Music/Fine Arts from recognized university or recognized
Board/Institute with at least 45% marks. For the Scheduled Caste/Scheduled
Tribe/Extremely Backward Class/Backward Class/Persons with disabilities/women
and Economically Weaker Sections, 5% relaxation shall be given in the minimum
required marks.
(iii)
Qualified in the 'Teacher Eligibility
Test' conducted by the Bihar Government.
(iv)
Age.
The minimum
age for employment shall be 21 years on 1st of August of the appointing year
and the maximum age for each category shall be the same as notified by the
State Government (General Administration Department) from time to time. The
relaxation in the maximum age shall be determined by the Administrative
Department after getting the approval from the General Administration
Department.
Rule - 6. Direct appointment shall be made to all the post of District Board Librarian.
The minimum
education qualification for direct recruitment on the post of District Board
Librarian, shall be as follows:-
(i)
Should be citizen of India and a
resident of Bihar State.
(ii)
Graduate from recognized university
with at least 45% marks. For the Scheduled Caste/Scheduled Tribe/Extremely
Backward Class/Backward Class/Persons with disabilities/women and Economically
Weaker Sections, 5% relaxation shall be given in the minimum required marks.
The degree of 'Alim' and the degree of 'Shashtri' granted from the Maulana
Mazharul Haque Arabic & Persian University, Patna/Bihar State Madarsa
Education Board and Kameshwar Singh Darbhanga Sanskrit University respectively
shall be treated as equivalent to the graduation.
(iii)
Graduate in Library Science from
recognized university.
(iv)
Qualified in Librarian Eligibility
Test conducted by the State Government.
(v)
Age.
The minimum
age for employment as Secondary Teacher shall be 21 years on 1st of August of
the appointing year and the maximum age for each category shall be the same as
notified by the State Government (General Administration Department) from time
to time. The other relaxation in the maximum age shall be determined by the
Administrative Department after getting the approval from the General
Administration Department.
Rule - 7. Fifty Percent (50%) posts in the grade of District Board Senior Secondary Teachers shall be filled by promotion whereas rest 50% shall be filled by direct recruitment.
(1)
The minimum education qualification
for direct recruitment on the post of District Board Senior Secondary Teacher,
shall be as follows:-
(i)
Should be citizen of India and a
resident of Bihar State.
(ii)
(a) Must be post graduate from
recognized university with at least 50% marks in specified subject. For the
Scheduled Caste/Scheduled Tribe/Extremely Backward Class/Backward Class/Persons
with disabilities/women and Economically Backward Class, 5% relaxation shall be
given in the minimum required marks. The degree of 'Alim' and the degree of
'Shashtri' granted from the Maulana Mazharul Haque Arabic & Persian
University, Patna/Bihar State Madarsa Education Board and Kameshwar Singh
Darbhanga Sanskrit University respectively shall be treated as equivalent to
the graduation. With, graduation in Education (B.Ed/B.A. Ed/B.Sc Ed) from any
training institution recognized by NCTE.
Or
Post
Graduate with at least 45% marks from recognized university in accordance with
the National Council for Teacher Education (form of application for
recognition, the time limit of submission of application, determination of
norms and standards for recognition of teacher education programmes and
permission to start new course or training) Regulations, 2002, notified on
13.11.2002 and National Council for Teacher Education (Recognition Norms and
Procedure) Regulations, 2007 notified on 10.12.2007. For the Scheduled
Caste/Scheduled Tribe/Extremely Backward Class/Backward Class/Persons with
disabilities/women and Economically Backward Class, 5% relaxation shall be
given in the minimum required marks. The degree of 'Alim' and the degree of
'Shashtri' granted from the Maulana Mazharul Haque Arabic & Persian
University, Patna/Bihar State Madarsa Education Board and Kameshwar Singh
Darbhanga Sanskrit University respectively shall be treated as equivalent to
the graduation. With, graduation in Education (B.Ed/B.A. Ed/B.Sc Ed) from any
training institution recognized by NCTE.
(b) It
shall be essential to have Post Graduate (or its equivalent) degree in the
specified subject for appointment on the post of Computer Teacher and Music
Teacher. It shall not be necessary to have B.Ed/B.A. Ed/B.Sc Ed degree for
appointment in these posts.
(c) Teacher
of Agriculture Subject:-
The posts
of Agriculture subject has been created in marked Senior Secondary Schools (for
students of 11th and 12th). It shall be essential to have graduate degree in
Agriculture/Horticulture and Post graduate in any of the following subjects:
Agronomy/Plant Breeding & Genetics/Entomology/Plant Pathology/Seed Science
& Technology/Soil Science/Horticulture. It shall not be necessary to have
B.Ed/B.A. Ed/B.Sc Ed degree for appointment in these posts.
(iii)
Qualified in Teacher Eligibility Test
conducted by the State Government.
(iv)
Age.
The minimum
age for employment as Senior Secondary Teacher shall be 21 years on 1st of
August of the appointing year and the maximum age for each category shall be the
same as notified by the State Government (General Administration Department)
from time to time. The other relaxation in the maximum age shall be determined
by the Administrative Department after getting the approval from the General
Administration Department.
(2)
The minimum education qualification
for being eligible for consideration of promotion on the rest 50% post of
District Board Senior Secondary Teacher, shall be as follows:-
(i)
Minimum 04 years of continuous service
from the date of joining on the post of District Board Secondary Teacher or
from the date of acquiring of training qualification (B.Ed/B.A. Ed/B.Sc Ed),
whichever is later.
(ii)
Post Graduate in one of the subject
from the subject group in which graduation has been done with at least 45%
marks from recognized university. For the Scheduled Caste/Scheduled
Tribe/Extremely Backward Class/Backward Class/Persons with disabilities &
women 5% relaxation shall be given in the minimum required marks.
(iii)
Qualified in Assessment (Efficiency
Test)/Teacher Eligibility Test.
(iv)
As directed Cleanliness Certificate of
three years prior to the year of promotion.
Rule - 8. All posts of Head Master shall be filled by promotion, for which following qualification shall be necessary.
(i)
Minimum 10 years of continuous service
from the date of joining on the post of District Board Secondary Teacher or
from the date of acquiring of training qualification (B.Ed/B.A. Ed/B.Sc Ed),
whichever is later.
Or
Minimum 06
years of continuous service from the date of joining on the post of District
Board Senior Secondary Teacher or from the date of acquiring of training
qualification (B.Ed/B.A. Ed/B.Sc Ed), whichever is later.
(ii)
Post Graduate with at least 45% marks
from recognized university. For the Scheduled Caste/Scheduled Tribe/Extremely
Backward Class/Backward Class/Persons with disabilities & women 5%
relaxation shall be given in the minimum required marks.
(iii)
Qualified in Assessment (Efficiency
Test)/Teacher Eligibility Test.
(iv)
As directed. Cleanliness Certificate
of three years prior to the year of promotion.
Rule - 9. Reservation.
(i)
The rules of reservation applicable in
the direct recruitment under State Government by the General Administration
Department shall be applicable in the direct recruitment under District Board.
Similarly, the rules of reservation applicable in the promotion under the State
Government shall be applicable in the promotion under District Board.
(ii)
(a) The appointment of District Board
Secondary/District Board Senior Secondary Teacher shall be made as per the
district level subject wise roaster of reservation.
(b) The
appointment of District Board Librarian shall be made as per district level
roaster of reservation.
(iii)
The concerned Regional Deputy Director
of Education shall clear the roaster of reservation in connection with District
Board Secondary/Senior Secondary Teacher and Librarian.
(iv)
Similarly, the concerned Regional
Deputy Director of Education shall clear the roaster point of reservation in
connection with promotional post.
Rule - 10. Procedure of Appointment.
(i)
The State Government, through District
Education Officer shall communicate the number of vacancies in the direct
recruitment on the post of District Board Secondary Teacher/Senior Secondary
Teacher/Librarian.
(ii)
As per schedule, fixed by the State
Government, the concerned District Board shall publish subject wise, category
wise vacant posts of Teachers and Librarian in Government, Nationalized,
Project Girls and upgraded secondary/Senior secondary schools situated under
the jurisdiction of the concerned District Board through the member secretary
of the concerned District Board for a minimum of 30 (Thirty) days. A copy of
the said notice shall also be displayed on the notice board of the office of
the concerned District Education Officer.
(iii)
The eligible candidate shall submit
the application in prescribed performa, as made available from time to time, in
the office of the member secretary of the concerned District Board either
through hand to hand or through speed post/registered post.
(iv)
The appointment of the District Board
Secondary Teacher shall be on the basis of a panel. Panel shall be prepared
subject wise, whose validity shall be one year from the date of publication of
last panel. The panel shall be prepared on the basis of merit point in
descending order. The calculation of merit point shall be done in the following
manner:-
|
Merit
Point: |
Percentage
of marks obtained in all subjects at the graduation level |
+ |
Percentage
of marks obtained in all subjects at the B.Ed level |
|
2 |
|||
In those
subjects, where it is not necessary to have B.Ed, the merit point shall be
Percentage of marks obtained in all subjects at the graduation level. Besides
having qualification of B.A. Ed/B.Sc Ed, the merit point shall be Percentage of
marks obtained in all subjects at the B.A. Ed/B.Sc Ed level.
The widow
of former servicemen shall be given additional weightage of 10 marks in the
merit point. Similarly, 05 marks of additional weightage shall be given to
those guest teachers who imparted education in Senior secondary schools for
minimum of one year.
In case of
obtaining similar marks, the name of the candidate whose date of birth falls
earlier shall be placed above the panel. In case of similar marks and date of
births, the place shall be decided on the basis of name of the candidate as per
English dictionary, i.e. the name of the candidate falls earlier, as per
English dictionary, shall be place above the panel. In case of similarity in
this too, the place in the panel shall be determined on the basis of draw of
lots.
(v)
The appointment of the District Board
Senior Secondary Teacher shall be on the basis of a panel. Panel shall be
prepared subject wise, whose validity shall be one year from the date of
publication of last panel. The panel shall be prepared on the basis of merit
point in descending order. The calculation of merit point shall be done in the
following manner:-
|
Merit
Point: |
Percentage
of marks obtained in all subjects at the post-graduation level |
+ |
Percentage
of marks obtained in all subjects at the B.Ed/B.A. Ed/B.Sc Ed level |
|
2 |
|||
In those
subjects, where it is not necessary to have B.Ed, the merit point shall be
Percentage of marks obtained in all subjects at the Post-graduation level.
The widow
of former servicemen shall be given additional weightage of 10 marks in the
merit point. Similarly, 05 marks of additional weightage shall be given to
those guest teachers who imparted education in Senior secondary schools for
minimum of one year.
In case of
obtaining similar marks, the name of the candidate whose date of birth falls
earlier shall be placed above the panel. In case of similar marks and date of
births, the place shall be decided on the basis of name of the candidate as per
English dictionary, i.e. the name of the candidate falls earlier, as per
English dictionary, shall be place above the panel. In case of similarity in
this too, the place in the panel shall be determined on the basis of draw of
lots.
(vi)
The appointment of the District Board
Librarian shall be on the basis of a panel. Panel shall be prepared subject
wise, whose validity shall be one year from the date of publication of last
panel. The panel shall be prepared on the basis of merit point in descending
order. The calculation of merit point shall be done in the following manner:-
|
Merit
Point: |
Percentage
of marks obtained in all subjects at the graduation level |
+ |
Percentage
of marks obtained in all subjects at the B.Lib level |
|
2 |
|||
The widow
of former servicemen shall be given additional weightage of 10 marks in the
merit point.
In case of
obtaining similar marks, the name of the candidate whose date of birth falls
earlier shall be placed above the panel. In case of similar marks and date of
births, the place shall be decided on the basis of name of the candidate as per
English dictionary, i.e. the name of the candidate falls earlier, as per
English dictionary, shall be place above the panel. In case of similarity in
this too, the place in the panel shall be determined on the basis of draw of
lots.
(vii)
Constitution of Committee for the
preparation of Panel:-
The
following committee shall prepare the panel on the basis of received
applications,:
|
a |
Chairman
of District Board |
President |
|
b |
One
selected Member of Education Committee of District Board (In case
of male president, the selected member shall be female) |
Member |
|
c |
Chief
Executive Officer, District Board |
Member
Secretary |
|
d |
District
Programme Officer (Secondary Education) |
Member |
If any
member of Schedules Caste/Scheduled Tribe are not there in the aforesaid
committee, then the District Magistrate shall nominate an officer belonging to
Scheduled caste/Scheduled Tribe category.
The tenure
of the member selected by the Education Committee of the District Board shall
be of one year.
Note:- In
case of non-constitution of the Education Committee of District Board, one
officer of the district level shall be nominated by the Chief Executive
Officer, District Board to be a member.
(viii)
The panel shall be prepared jointly by
the Secretary and concerned District Programme Officer (Secondary) of the Panel
Preparation Committee. The Secretary of the Panel Preparation Committee shall
be responsible for this purpose. The Secretary of the Panel Preparation
Committee shall fix the date and place for preparation of the panel and shall
take necessary help from the members. Each page of the panel shall be signed by
each of the aforesaid two members. The Member Secretary shall publish the panel
provisionally after getting the approval from the President of the Panel
Preparation Committee. In case of non-availability of the Chairman either when
the post of Chairman is vacant or he is out of headquarter, the panel shall be
published provisionally after taken approval from the Deputy Chairman, who
would be in charge of the Chairman.
(ix)
Fifteen days' time shall be allowed
for raising any objections, if any. After the rectification of the received
objections, the panel shall be finalized. The finalized panel shall be approved
by the Panel Preparation Committee on the basis of majority. In case of
non-availability of the Chairman either when the post of Chairman is vacant or
he is out of headquarter, the Deputy Chairman, who would be in charge of the
Chairman, shall preside over the Panel Preparation Committee.
(x)
The selection list shall be prepared
on the basis of approved final panel and roaster point by the member secretary.
In the selection list, maximum five times candidates may be included category
wise. The candidates included in the selection list shall be called on the
fixed date, time and place with their original certificates for verification of
certificates. The selected candidates shall be allotted schools on the basis of
Merit-cum-choice through counseling. In this, priority shall be given to
Handicapped and women candidates. Consent shall be taken from the interested
candidate for appointment. The claim of appointment of any selected candidate
shall be cancelled automatically, in case of absence without any information.
(xi)
The appointment letter (with the
photograph of the candidate) of selected candidate shall be issued by the
member secretary after obtaining concurrence of the panel preparation
committee, as per the number of vacancies mentioned in the advertisement. The
Education Department shall issue necessary guide lines so that the selected
candidate may get the appointment letter in time. It shall be essential to join
the school by the concerned candidate within 21 days from the date of issuance
of the appointment letter otherwise his/her appointment may be terminated. The
member secretary shall make available the list of the final selected list to
the District Education Officer and office of the District Appellate Authority.
(xii)
The Head Master of the concerned
school shall accept the joining only after verification of the appointment
letter from the concerned recruitment unit.
(xiii)
It would be necessary to submit the
health certificate issued by the Civil Surgeon-cum-Chief Medical Officer and
Character/Antecedent Certificate from the competent Police Officer of the
concerned district at the time of joining by a candidate.
(xiv) The administrative department will issue necessary guidelines regarding
giving opportunity to the other candidates in the panel in case appointment is
not made as per the advertised vacancy.
(xv)
The administrative department shall
make changes in the aforesaid selection process by preparing a web portal
(software), in order to make the selection process more congenial to the
candidates, without interfering into the autonomy of the recruitment unit.
Rule - 11. Verification of Certificates.
It would be
the responsibility of the Chief Executive Officer, District Board to do the
necessary verification of the certificate of qualification along with other
certificates. On finding the certificates forges or fake, legal action shall be
taken after terminating the employment and recovery of the payment made.
Rule - 12. Service Conditions.
(i)
The Head master, Teacher, Librarian
may remain in service up to 60 years of age.
(ii)
The first two years of the service
shall be of probation. During this period, in case of not following the
prescribed code of conduct, the disciplinary authority may terminate the
service after giving an opportunity of only one show cause.
(iii)
The State Government shall give grants
in aid for payment of salary etc. to the Head master, Teacher, Librarian till
the District Board became competent to pay the same.
(iv)
The Head master, Teacher, Librarian
shall be covered under EPF scheme prospectively as embodied in 'Employees
Provident Fund and Miscellaneous Provisions Act, 1952". The State
Government shall make the contribution on the monthly emoluments of Rs.
15000/-.
(v)
The Head master, Teacher, Librarian
will be paid salary (with increment), as fixed from time to time. Those
teachers, who has not qualified in the teacher eligibility test, shall be
entitled for increment only after being qualified in Assessment (Efficiency
Test) under the previous rules. Therefore, for yearly increment, it shall be
necessary to qualify teacher eligibility test or Assessment (Efficiency Test).
The allotment of grants in aid for payment of salary etc. shall be made by the
Administrative Department after following the process for the same.
(vi)
The inter-se seniority of the teachers
shall be determined by the concerned member secretary of the recruitment unit
as per the criteria prescribed by the Administration Department.
(vii)
Continuity in Service.
Working
Secondary Teacher, in case of appointment on the post of Senior Secondary
Teacher either in his appointing unit or other appointing unit, shall get the
benefit of pay protection only, after granting the continuity of his service.
This benefit shall be applicable to teachers appointed after notification of
this rule. In this regard, the Administrative Department will issue detailed
guide lines separately.
Rule - 13. Leave with Pay for getting the qualification of B.Ed.
Untrained
teachers working under District Board before the notification of this Rule will
be granted leave with pay for taking training in B.Ed for two years only from
the date of notification of this Rule. Those untrained teachers who are
enrolled as B.Ed apprentice in the training institutes, determined by the
Education Department, will also be given leave with pay. This leave, shall be
sanctioned by the member secretary of the concerned District Board with the
condition that he/she will impart education for a minimum of five years after
completion of the training (B.Ed). In case of leaving the service before
completion of the said fixed period, he/she shall have to deposit the salary
etc received during the training period to the government treasury. The
concerned teacher shall have to furnish bond to this effect. The recoverable
amount will be recovered under public demand recovery act.
Rule - 14. Promotion.
A panel
shall be prepared for promotion on the post of District Board Senior Secondary
Teacher and Head Master. For this the committee constituted for appointment
shall be competent authority. The Administrative Department will issue detailed
guide lines in connection with promotion.
Rule - 15. Appointment on the basis of compassionate ground.
An eligible
dependent of Teacher/Head Master/Clerk/Peon working from earlier in
District/Division/State Cadre in secondary/Senior secondary schools,
teacher/librarian appointed under District Board and Secondary/Senior Secondary
teacher, Head Master, Librarian appointed/promoted under this Rule, may be
appointed against the available vacancy of basic grade of Elementary Teacher
under gram panchayat or Panchayat Samiti of concerned jurisdiction of the
District Board, on compassionate ground, by the concerned recruitment unit. For
this the concerned dependent shall have to furnish their consent. The
appointment on compassionate ground shall be made by the recruitment unit as
per the provisions issued by the General Administration Department related with
compassionate appointment. Apart from this, the Administrative Department may
issue resolution in connection with appointment on compassionate ground.
Rule - 16. Transfer.
The posts
of Head Master, Teacher, Librarian generally are not transferable, however with
following exceptions:
(i)
During the service period, the Head
master, Teacher and Librarian may avail two optional transfers after completing
three years of service, in his cadre/subject within the schools situated under
the jurisdiction of his/her recruitment unit. There shall be difference of
minimum five years in between the two optional transfers. If more than one
application is received for one vacant post, then the Chief Executive Officer,
District Board shall take steps for transfer on the basis of inter se seniority
and giving preference to handicapped head master, librarian, teacher and women
head master, teacher and librarian. The approval of this action shall be given
by the President of the committee constituted for the purpose of appointment.
(ii)
The Chief Executive Officer, District
Board shall adjust the teacher in other school situated under the recruitment
unit on the basis of the report submitted by the District level officer of the
Education Department, in order to remove the subject anomalies and to bring
rationality in the standard ratio of teacher. The approval of this action shall
be given by the President of the committee constituted for the purpose of
appointment.
(iii)
In case of proved financial
irregularities, moral turpitude or other serious charges, the Chief Executive
Officer, District Board shall transfer head master/teacher/librarian, for one
time, on administrative ground in the interest of school and students. The
approval of this action shall be given by the President of the committee
constituted for the purpose of appointment.
(v)
Handicapped Teacher/Librarian and
Woman Teacher/Librarian may avail optional transfer for one time only against
available vacancy of the corresponding post at schools situated in inter
appointing unit, including inter district. Besides, male teachers/librarians
may also avail mutual inter appointing unit (including inter district) transfer
for one time only. In this regard, the Administrative Department will issue
detailed guide line keeping in mind the reservation category, seniority etc.
Rule - 17. Maintenance of Service Book.
The
Administrative Department will issue detailed guidelines with respect to
maintenance of service book of secondary teacher, Senior secondary teacher,
head master and librarian.
Rule - 18. Leave.
(1)
District Board Secondary/Senior
Secondary Teacher, Librarian and Head master shall be eligible for the
following kinds of leave:-
(i)
Casual Leave:-
Casual
leave up to 16 (Sixteen) days during the calendar year. This leave (along with
other leave) cannot be granted for more than 10 days at a time.
(ii)
Special Leave:-
Special
leave up to two days in each month to women head master, women teacher and
women librarian.
(iii)
Maternity Leave:-
Women head
master, women teacher and women librarian shall be entitled to Maternity leave
up to 180 days. The benefit of maternity leave shall be restricted with first
two children.
(iv)
Paternity Leave:-
Male head
master, teacher, librarian shall be entitled to Paternity leave up to 15 days.
The benefit of paternity leave shall be restricted with first two children.
(v)
Medical Leave:-
Medical
leave up to 20 (twenty) days during the calendar year on the basis of the
medical certificate. It will be accumulated up to maximum 120 days, during the
whole service period. Out of which only up to 90 days of medical leave may be
availed at a time during any calendar year. It can be prefixed of suffixed with
casual leave.
(vi)
Earned Leave:-
Earned
leave up to 11 days during the calendar year, after serving first two years in
the service, which will be accumulated up to maximum 120 days. Accumulated
earned leave of more than 120 days expired automatically. The Head master is
also entitled for this leave.
(vii)
Study Leave:-
Maximum
three years of study leave without salary is permissible to teacher and
librarian. The period of this leave will not be treated as breakage in service.
This leave
is permissible only after completing of minimum three years of service from the
date of joining. Besides, after availing study leave, the concerned
teacher/librarian shall have to work for a fixed period. The Head master is
also entitled for this leave. In this regard, the Administrative Department
will issue a detailed guide lines separately.
(viii)
Extraordinary Leave:-
Apart from
the aforesaid leaves, extraordinary leave without pay up to 30 days during the
calendar year is permissible for any reason. This leave shall not be treated as
breakage in service, thereafter the period of absence shall be treated as
breakage in service. The service shall be terminated after absence of maximum
five years. For this the concerned shall be given an opportunity by issuing a
show cause and the process of termination from service shall be conducted by
the committee constituted under Rule-10(vii).
(2)
Grant of Leave.
All the
aforesaid leave except Casual Leave and Special Leave shall be granted by the
Chief Executive Officer, District Board on the recommendation made by the
concerned head master/in charge head master. The casual leave and special leave
shall be granted by the head master/in charge headmaster of the concerned
school. The casual leave and special leave of head master/in charge head master
of this cadre shall be granted by the Chief Executive Officer, District Board.
The leave account of the teacher/librarian shall also be maintained properly
along with their service book.
Rule - 19. Code of Conduct.
(i)
Completion of the syllabus, as
prescribed in easy and accessible manner by the Teacher.
(ii)
Attend school on time and conduct the
class as per prescribed routine.
(iii)
Not to mentally and physically harass
children by ensuring protection of child rights.
(iv)
Not to be involved in private business
either directly or indirectly.
(v)
Not to take any type of intoxication.
(vi)
Play an active role in eradicating
social evils like child marriage and dowry system.
(vii)
To follow instructions/directions
given from time to time by the School Management Committee, Appointing
Authority, District Magistrate and district level officers of Education
Department.
(viii)
To follow instructions/directions
given by the Bihar School Examination Board from time to time in order to
successfully conduct the annual secondary and Senior secondary examination.
(ix)
Neither be a member of a political
party or such organizations who take part in politics nor associated with such
organization.
Rule - 20. Disciplinary Actions.
The
disciplinary authority shall be competent to initiate disciplinary action
against teacher, Librarian and Head Master with respect to not having
allegiance with the duty, not following the laid down code of conduct and
working against the interest of the student, interest of the school.
(i)
The Chief Executive Officer, District
Board may suspend them in the case where the concerned is jailed or found prima
facie involved in misappropriation of government money/unauthorized
absence/disregard the order of senior officers. In the case of suspension or
initiation of departmental proceeding, enquiry shall be made by the enquiry
officer after framing of charges. The following penalties may, for good and
sufficient reason, be imposed on the concerned:-
(a)
Minor Penalties:-
(i)
Censure;
(ii)
withholding of increment
(Non-cumulative/cumulative)
(b)
Major Penalties:-
(i)
withholding of promotion
(ii)
reduction in lower post
(iii)
reduction in lower scale of pay
(iv)
removal from service which shall not
be a disqualification for future appointment/selection.
(ii)
It would be necessary to issue a show
cause to the concerned before imposing minor punishment by the Chief Executive
Officer. Before imposing minor punishment, it must be approved by the President
of the recruitment unit. Before imposing major punishment, the Chief Executive
Officer must give at least two opportunities to the concerned for submitting
show cause reply. Before imposing major punishment, the same must be approved
by the disciplinary authority.
(iii)
During suspension, the concerned is
entitled to receive a subsistence allowance an amount equal to the 50% of the
basic pay.
(iv)
The order of punishment shall be
issued under the signature of the member secretary of the concerned recruitment
unit. The order shall contain the details of facts which caused imposition of
such punishment to the concerned.
(v)
A show cause will be asked from the
Head master, teacher, librarian when they are found absent from duty
unauthorisedly during inspection made by the district administration or
officers of the Education Department. In case of clarification found to be
unsatisfactory, an order of cut in salary for the absence period may be issued
from the concerned head master, teacher or librarian on the principal of 'no
work no pay'.
Rule - 21. Action against recruitment unit.
(i)
In case where the recruitment unit
failed to appoint teacher/librarian as per the fixed date and selection process
without any valid and sufficient reason, it will be considered as violation of
its constitutional obligation and for this the responsible officer and
concerned Body will be proceeded against under the suitable provisions of Bihar
Panchayat Raj Act, 2006.
(ii)
If a complaint made against Head
master, teacher or librarian at the District Magistrate or District Education
Officer level is found to be true and a recommendation is made for initiation
of disciplinary action against them, then the disciplinary action should be
conducted within a maximum period of 60 days from the date of recommendation.
Otherwise, a recommendation for taking action against the concerned
disciplinary authority shall be made before the Panchayati Raj Department, on
which the concerned department shall take action expeditiously.
Rule - 22. Complain and Appeal.
The
'District Appellate Authority' constituted at the District level shall have the
power to hear and decide a complaint/appeal related with appointment made under
this rule and matters related with the service condition of Head
master/teacher/librarian working under this Rule. The 'State Appellate
Authority' shall be competent to hear appeal against the order passed by the
District Appellate Authority.
Rule - 23. Miscellaneous.
(i)
The Administrative Department shall
explain any of the provisions of these Rules and it may solve difficulty that
may arise in enforcing it.
(ii)
These Rules shall not affect the
salary and service conditions of the district/division cadre teachers of
Government, Nationalized (including Project Girls Secondary School) Secondary
and Senior Secondary and head master of State cadre appointed under the
provisions of the previous Rules.
(iii)
The State Government shall determine
the equivalence of the degree of specified subject and different qualification,
the for the purpose of appointment of subject wise teachers.
Rule - 24. Repeal & Saving.
(i)
From the date of promulgation of these
Rules, the Bihar District Board Secondary and Senior Secondary Teacher
(Appointment & Service Conditions) Rules 2006 and amended Rules 2008, 2009,
2012, 2014, 2015 and 2017, related with appointment and service conditions of
secondary and Senior secondary teacher under the jurisdiction of a district
board, shall be deemed to be repealed. However, even after this repeal, any
work or any action that has been taken on the basis of the Government
Resolutions, instructions, directions and Rules enforced prior to the date of
enforcement of these Rules, shall be treated as the work or action that has
been done under these Rules, as that have been done under these Rules.
(ii)
If any provision contained in the
notifications, orders, circulars, letters etc. issued for implementation of
previous Rules, is not in tune with the provisions of these Rules, shall be
deemed to be amended as per the provisions of these Rules.