In exercise of the powers conferred
under the proviso of Article 309 of the Constitution of India, the Governor of Bihar
has framed the following Rules to determine the Appointment and service
Condition of Head teacher of Nationalised Primary School. After the expansion of School
Education in the State of Bihar it is eminent to have proper management and
reformation in quality education. Besides, it is directed to have effective
measures at the school level in order to implement Article 21 A of the
Constitution of India in respect of Children in the age group of 6-14 years
taking into account the provisions of notified "The Right of Children to
Free and Compulsory Education Act, 2009", Samagra Siksha effective from
2018 and National Education Policy 2020. In order to achieve these objectives a
new cadre of Head teacher is to be constituted under the control of Education
Department, Govt. of Bihar. It will also provide opportunity for appointment as
Head teacher to the working teachers of Panchayat primary teachers and Urban
Primary Teacher under Panchayati Raj Institution in the State owned Schools. Thus,
this Rule is being framed for Appointment and constitution of service Condition
of the Head teacher. (A)
These Rules shall be called as "Bihar
Nationalised Primary School Head teacher (Appointment, Transfer, Disciplinary
Action and service Condition) Rules, 2021. (B)
It shall extend throughout the State. (C)
It shall come into force from the date of
issuance of Notification. Notwithstanding anything contained in
these Rules:- (i)
Government Means Government of Bihar; (ii)
Administrative Department means Education
Department; (iii)
Primary School means Nationalized
School/Newly created Primary School, where at present the education up to
class- V is being imparted; (iv)
Middle School means such government/Nationalized
Schools, where at present education up to Class VIII is being imparted; (v)
Elementary School means Govt./Nationalized
Middle and Primary/ Newly created primary school; (vi)
Gram Panchayat means Gram Panchayat
constituted under Bihar Panchayat Raj Act, 2006 (Amended from time to time); (vii)
Panchayat Samiti means Panchayat Samiti
constituted under Bihar Panchayat Raj Act, 2006 (Amended from time to time); (viii)
Urban bodies means Nagar Nigam, Nagar
Parishad and Nagar Panchayat, autonomous bodies for the Urban areas constituted
under Bihar Municipal Act, 2007; (ix)
Cadre means cadre of Head teacher at the
District level under these Rules; (x)
Appointing Authority means the District
Education Officer of the concerned District; (xi)
Disciplinary Authority means the authority
competent for appointment; (xii)
Appellate Authority means Director, Primary
Education; (xiii)
Teacher means (A)
The teacher appointed to impart education for
Class 1 to 5 in the indentified Schools under these Rules; (B)
The Teacher appointed to impart education for
Class 6 to 8 in the indentified Schools under these Rules; (xiv)
Head teacher means the Head teacher appointed
in Primary Schools under these Rules; (xv)
University means University constituted under
statutes or recognized by the University Service Commission; (xvi)
National Council for Teacher Education means
Council for regulating Training Institutes earmarked and Management of Training
at the National level; (xvii)
Teacher Eligibility Test means the
Eligibility Test conducted for appointment of teachers for Class- 1 to 5 and
Class 6 to 8 by the authorized Institutions of Govt. of Bihar or Central Govt.; (xviii)
Teacher Training means the degree of
D.El.Ed./B.T/B.Ed./B.A.Ed/B.Sc.Ed./B.L.Ed obtained from recognized institutions
of the Central Govt. or any State Govt. prior to enforcement of National
Council for teacher Education (NCTE) Act, 1993 or from any recognized
Institution by the N.C.T.E. Act after enforcement of NCTE or the degree of
D.El.Ed./B.Ed./B.A. Ed./B.Sc.Ed/B.L.Ed from any recognized Institution in such
States/Union Territories where the N.C.T.E. Act is not in force; (xix)
Commission means Bihar Public Service
Commission; The cadre of Head teacher of Primary
School under the Control of Education Department is being constituted. This
Cadre will be of district level. The Post of Head teacher shall be
filled up through direct recruitment. The essential qualification for
appointment as Head teacher of Primary School will be as follows:- (i)
Must be a citizen of India and resident of
the State of Bihar. (ii)
Degree of graduation from any recognized
University with having minimum 50% marks. 5% relaxation shall be given in the
minimum prescribed marks to the candidates belonging to
SC/ST/EBC/BC/Differently abled/female and EWS. The Degree of Aalim obtained
from Maulana Mazharul Haque Arbi and Persian University Patna/Bihar State
Madarsa Education Board and degree of Shastri from Kameshwar Singh Darbhanga
Sanskrit University will be treated to be equivalent to Graduation. (iii)
Having qualified D.El.Ed/B.T/B.Ed./B.A.Ed/B.Sc.Ed/B.L.Ed. (iv)
Having qualified Teachers Eligibility Test
for those teachers who have been appointed in the year 2012 or onwards. (v)
Experience:- (A)
Having minimum 8 years of regular service as
basic grade teacher of Panchayat Elementary Teacher/Urban Elementary Teacher
under Panchayat Raj Institutions and Urban Local Body Institutions. (B)
Graduate teacher of Panchayati Raj
Institutions or Urban bodies Institutions whose services are confirmed. The aforesaid period shall be reckoned
on the basis of date of joining or the date of acquiring eligibility of
training whichever is of the later date. (vi)
Age. The minimum and maximum age limit for
teachers working under Government of Bihar, Panchayati Raj Institutions and
Urban local bodies shall not be determined separately. (i)
The provisions of Reservation for direct
recruitment under the State Government prescribed by the General Administration
Department shall be applicable. (ii)
The appointment of Head teacher of Primary
School shall be made as per reservation roster maintained at the district
level. (iii)
The work pertaining to roster clearance of
Head teacher, Primary School shall be done by the District Magistrate. (iv)
The roster point for appointment of Head
teacher of Primary School shall commence from point 01. (i)
For the purpose of direct recruitment of Head
teacher, Primary School, the Education Department shall after computing the
vacancy and category wise roster clearance shall send a need based proposal to
the Commission or the institution identified by the Department. (ii)
After receipt of proposal for direct
recruitment, the Commission or the Institution identified by the Department
shall get the number of vacancies advertised. The Commission or the Institution
identified by the Department shall evaluate the candidature of the teacher
candidate on the basis of self declared qualification and experience. (iii)
The determination of syllabi for holding
examination shall be done by the Commission as per advice of the Administrative
Department. The conduct of written examination in the light of prescribed
syllabi, setting of question papers, evaluation of answer books and publication
of result shall be done by the Commission or the Institution identified by the
Department. (iv)
The written examination shall be held for 150
marks having objectives as well as multiple choice questions. Every question
shall bear one mark and there shall be 0.25 negative marking of every wrong
answer. The duration of the examination shall be of two hours. (v)
The Commission or the Institution identified
by the Department will have discretion to fix qualifying marks for written
examination. (vi)
The appointment shall be made on the basis of
recommendation made by the Commission or the Institution identified by the
Department. (vii)
The recommendation of the Commission or the
Institution identified by the Department shall not entitle to claim appointment
unless the Administrative Department is satisfied that the candidate is
eligible for appointment as Head teacher in all respect after verification of
all the essential certificates. (i)
The appointing authority would be liable to
get all the educational/training/experience certificates and other essential
certificates verified before issuance of appointment letter. (ii)
In case of forged or wrong certificates the
appointment shall be cancelled and the amount already paid as salary etc shall
be liable to be recovered under the provision of Bihar and Orissa Public Demand
Recovery Act, 1914 and other legal action would be taken. (i)
The Head teacher appointed under direct
recruitment will have probation period of two years from the date of joining.
In case of Probation period being unsatisfactory, the probation period may be
extended for one year. In case service is not found satisfactory during
extended period of probation the services of such Head teacher may be dispensed
with after providing him an opportunity of hearing. (ii)
During probation period the Head teacher will
have to qualify prescribed Institutional or other training. The calendar of
training and its syllabi shall be prescribed by the Department separately. Besides completing probation period
satisfactorily and qualifying prescribed training, the Head teacher will have
to qualify Departmental examination also. The detailed guidelines pertaining to
Departmental examination shall be issued separately by the National Examination
Committee Board of Revenue, Bihar as per advice of the Administrative
Department. The services will be confirmed after
completing probation period satisfactorily, completing training successfully
and passing Departmental examination. (i)
The inter se seniority of the Head teacher
shall be in consonance with the principles laid down by General Administration
Department. (ii)
The seniority list shall be maintained at the
District level. (i)
The post of Head teacher shall be transferable. (ii)
The transfer shall be made by the appointing
authority concerned on the cadre post as per guidelines issued by the Cabinet
Secretariat Department as well as Administrative Department from time to time. (iii)
The transfer of Head teacher of Primary School
shall be made Inter district on optional/administrative/academic ground for
which the Director Primary Education shall be competent authority. In case of
inter district transfer the seniority of concerned transferred Head teacher
shall be placed below the concerned Head teacher of his appointment year in the
transferred District. The Bihar Government Servant
(Classification, Control and Appeal) Rules, 2005 (Amended from time to time)
shall be applicable to the Head teacher appointed under these Rules. (i)
The salary of the Head teacher shall be
determined by the State Government which shall be revisable from time to time
in the light of pay revision. (ii)
The cadre strength of the Head teacher shall
be determined by the State Government from time to time. (iii)
The other service conditions applicable to
the State Government employee shall also be applicable upon them. In case of death of Head teacher in
harness, appointed under these Rules, subject to qualification, one of his
dependent may be appointed against the vacant unit i.e. post of basic grade of
elementary teachers or post of school assistant or school attendant by the
concerned Panchayati Raj Institution and Urban bodies Institutions, for which
the consent of concerned dependant shall be essential. The appointment on
compassionate ground could be made by the recruitment committee constituted by
the Panchayati Raj Institution or Urban local bodies in consonance with the
provisions of General Administration Department. (i)
To complete/get the prescribed syllabi
completed with easy available methods. (ii)
To arrive at the School in time and to
conduct classes/get conducted as per prescribed routine. (iii)
To ensure child rights/safety and to ensure
that the children may not be mentally and physically harassed. (iv)
Not to consume any intoxication. (v)
To take active part in eradication of social
evils like child marriage and dowry system. (vi)
To hold responsibility meant for teachers
prescribed in Right of Children to Free and Compulsory Education Act, 2009 and
the concerned Rules. (vii)
The Bihar Government Servant Conduct Rules,
1976 (Amended from time to time) shall be applicable to Head teacher. The power to hear and decide
complaint/Appeal pertaining to the Service Condition of the Head teacher
appointed under these Rules shall be vested in the Director, Primary Education. The Administrative Department may
clarify any of the provisions of these Rules and may rectify the difficulties
in implementation of the same. The provisions of Nationalized Primary
School Teachers transfer, Disciplinary action and Promotion Rules, 2018 shall
not be applicable for the post of Head teacher Primary School from the date of
commencement of these Rules.BIHAR
NATIONALISED PRIMARY SCHOOL HEAD TEACHER (APPOINTMENT, TRANSFER, DISCIPLINARY
ACTION AND SERVICE CONDITION) RULES, 2021
PREAMBLE