[20th
February 2024] In exercise of the powers
conferred under proviso to Article 309 of the Constitution of India, the
Governor of Bihar hereby makes the following rules for the appointment and
service conditions of the Head Teachers of the Government run Elementary
Schools: - (1)
These rules shall be called "THE BIHAR
ELEMENTARY SCHOOLS HEAD TEACHERS RULES, 2024". (2)
It shall extend throughout the State of Bihar. (3)
It shall come into force from the date of
issuance of notification. In these Rules, unless the
context otherwise requires, - (i)
"Government" means the Bihar
Government; (ii)
"Administrative Department" means
the Education Department; (iii)
"Appointing Authority" means
District Education Officer of the concerned district; (iv)
"Commission" means Bihar Public
Service Commission; (v)
"Elementary School" means that
School in which teaching from Class 1 to 8 or Class 6 to 8 or Class 1 to 5 is
done; (vi)
"Department" means the Department of
Education of Government of Bihar; (vii)
"Disciplinary Authority" means
District Education Officer of the concerned district; (viii)
"Appellate Authority" means Regional
Deputy Director of Education of the concerned Division; (ix)
"Teachers" means all such trained
elementary teachers, who have been employed by the local bodies and who are
covered under the relevant Local Bodies Teachers Rules 2020. This also includes
teachers appointed under Bihar State School Teachers (Appointment, Transfer,
Disciplinary Proceedings and Service Conditions) Rules, 2023 and Bihar School
Exclusive Teachers Rules, 2023; but shall not include teachers covered under
Bihar Nationalized Preliminary School Teachers Transfer, Disciplinary Action
and Promotion Rules, 2018; (x)
"Head Teachers" means all such head
teachers, appointed under these Rules; (xi)
"Local Bodies" means Zila Parishad,
Panchayat Samiti, Gram Panchayat constituted under Bihar Panchayat Raj Act,
2006 and includes Nagar Nigam, Nagar Parishad and Nagar Panchayat constituted
under Bihar Municipal Act, 2007; (xii)
"Local Bodies Teachers Rules, 2020"
means "Bihar Panchayat Elementary School Service (Appointment, Promotion,
Transfer, Disciplinary Proceeding and Service Condition) Rules, 2020",
"Bihar Municipal Elementary School Service (Appointment, Promotion,
Transfer, Disciplinary Proceeding and Service Condition) Rules, 2020",
"Bihar District Board Secondary and Senior Secondary School Service
(Appointment, Promotion, Transfer, Disciplinary Proceeding and Service
Condition) Rules, 2020" and "Bihar Municipal Body Secondary and
Senior Secondary School Service (Appointment, Promotion, Transfer, Disciplinary
Proceeding and Service Condition) Rules, 2020"; (1)
There shall be a separate cadre for Head
Teachers of Government Elementary Schools. (2)
The Head Teachers shall be recruited from
amongst the Teachers as defined under Rule 2 (ix) and by way of an examination
to be conducted by the Commission. However, the Teachers covered under Bihar
Nationalized Preliminary School Teachers Transfer, Disciplinary Action and
Promotion Rules, 2018 shall not be required to appear in the examination and
they shall continue to become the Head Teachers by way of promotion, subject to
their eligibility and availability of vacancy. (3)
Any teacher as defined under Rule 2 (ix) may
compete in the examination conducted by the Commission provided he/she has
minimum 08 years of teaching experience in Government Elementary Schools and is
58 years or less as on 1st August of the recruitment year. (4)
Any compassionate appointment to the wards of
the Head Teachers shall be as per the prevailing policy of the Department and
subject to the eligibility of the ward and the vacancies. (1)
After calculation of the vacant seats along
with roaster clearance at the district level, the reservation category wise
requisition shall be sent to the Commission for direct appointment to the post
of Head Teacher, by the Education Department. (2)
The Commission shall advertise the number of
vacant posts in relation to the requisition received for direct appointment.
The candidature of the candidate shall be evaluated on the basis of the self
declaration by the candidate in relation to the application form advertised by
the Commission. (3)
Syllabus for examination shall be determined
by the Commission in consultation with the Administrative Department. As per
the determined syllabus, the Commission shall conduct examination, set question
paper, evaluate the answer sheets and publish the results. (4)
The Commission shall determine the pattern of
the examination for which it may consult and take advice with the Department as
per requirement. (5)
The Department, in consultation with the
Commission shall fix the cut-off marks for the examination. (6)
Any candidate can appear, maximum three times,
at an examination conducted under these rules. (7)
Appointment shall be done in accordance with
the recommendation on the basis of the examination conducted by the Commission. (8)
The recommendation of the Commission shall not
provide the right to be appointed unless the Administrative Department after
the verification of necessary certificates is satisfied that the candidate is
appropriate for appointment to the post of Head Teacher from all aspects. (1)
The provisions for reservation in direct
appointment under the State Government, as implemented by the General
Administration Department shall be applicable. (2)
The roaster clearance for Head Teacher shall
be carried out by the District Magistrate. (3)
The roaster shall start from reservation point
01 for appointment to the post of Head Teacher in the first transaction after
the commencement of these Rules. (1)
The inter se seniority shall be in accordance
with the merit list drawn by the Commission. There shall be consolidated
seniority list of Head Teachers of Elementary Schools. (2)
The seniority list of Head Teachers shall be
maintained at District level. (1)
The Head Teachers shall be transferable. (2)
The Head Teachers shall normally be
transferred within the District by the District Education Officer keeping in
view the commitments under the Right to Education Act or in public interest. (3)
The Head Teachers shall be transferred within
the District upon completion of such duration as the Department may decide. (4)
The Head Teachers may be transferred within or
outside the District on his/her request by the Director (Primary). However, a
Head Teacher may exercise such option only twice in the career. This facility,
cannot be claimed as a matter of right and the Administrative Department may
refuse such request depending upon the exigencies. In case of such transfers,
the concerned Head Teacher shall be placed at the bottom of gradation list of
the relevant appointment year. (5)
Notwithstanding anything above, a Head Teacher
may be transferred outside the District on Administrative grounds or keeping in
view the commitments under the Right to Education Actor in public interest by
Director (Primary). In such case, the concerned head teachers seniority shall
be redrawn in terms of rule 6. The detailed guideline and
procedure for disciplinary action against Head Teachers shall be notified
separately in consultation with the General Administration Department. The pay and other allowances
shall be determined in consultation with the Finance Department, Government of
Bihar. (1)
The provisions of Nationalized Elementary
Teachers Transfer, Disciplinary Action and Promotion Rules, 2018 shall not be
applicable for the post of Head Teacher from the date of commencement of these
Rules. (2)
Bihar Nationalized Primary School Head Teacher
(Appointment, Transfer, Disciplinary Proceedings and Service Condition) Rules,
2021 shall stand repealed from the date of commencement of this Rule. (3)
Notwithstanding such repeal, anything done or
any action taken under such rules and orders, shall be deemed to have been done
or taken under these rules, as if these rules were in force on the date on
which such thing was done or action taken. The Department shall have
powers to clarify any provisions of these Rules and remove any difficulties
arising in its implementation by way of notifications and guidelines.Bihar
Elementary Schools Head Teachers Rules, 2024