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BIHAR STATE BACKWARD CLASSES AND EXTREMELY BACKWARD CLASSES GIRLS RESIDENTIAL +2 HIGH SCHOOL TEACHERS (APPOINTMENT, PROMOTION, DISCIPLINARY ACTION AND SERVICE CONDITIONS) RULES, 2023

BIHAR STATE BACKWARD CLASSES AND EXTREMELY BACKWARD CLASSES GIRLS RESIDENTIAL +2 HIGH SCHOOL TEACHERS (APPOINTMENT, PROMOTION, DISCIPLINARY ACTION AND SERVICE CONDITIONS) RULES, 2023

BIHAR STATE BACKWARD CLASSES AND EXTREMELY BACKWARD CLASSES GIRLS RESIDENTIAL +2 HIGH SCHOOL TEACHERS (APPOINTMENT, PROMOTION, DISCIPLINARY ACTION AND SERVICE CONDITIONS) RULES, 2023

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India the Governor of Bihar is pleased to make the following Rules to regulate the appointment, promotion, and other service conditions to the posts of teacher, librarian and headmaster in Other Backward Classes Girls Residential +2 High Schools under the Backward Classes and Extremely Backward Classes Welfare Department, Bihar:-

Rule - 1. Short title, extent and commencement.

(i)       These rules may be called the "Bihar State Backward Classes and Extremely Backward Classes Girls Residential +2 High School Teachers (Appointment, Promotion, Disciplinary Action and Service Conditions) Rules, 2023".

(ii)      It shall extend to the whole of the State of Bihar.

(iii)     This notification shall be effective from the date of issue.

Rule - 2. Definitions.

Unless there is anything repugnant to the subject or context, in these rules-

(i)       "Government" means the Government of Bihar;

(ii)      "Governor" means the Governor of Bihar;

(iii)     "Administrative Department" or "Department" means the Backward Classes and Extremely Backward Classes Welfare Department;

(iv)    "Rules" means the "Bihar State Backward Classes and Extremely Backward Classes Girls Residential +2 High School Teachers (Appointment, Promotion, Disciplinary Action and Service Conditions) Rules, 2023";

(v)      "Commission" means the Bihar Public Service Commission;

(vi)    "Other Backward Classes Girls Residential +2 High School" means a school under the control of the Department, in which there is a system of education for girls from class 6 to + 2 level;

(vii)   "Teacher" means-

(a)      A primary teacher (trained) appointed under these rules for teaching classes 6 to 8;

(b)      A secondary teacher (Graduate Trained) (TGT) appointed/ promoted for teaching classes 9 to 10 under these rules.

(c)      A higher secondary teacher (10+2) (Post Graduate Trained) (PGT) appointed /promoted for teaching classes 11 to 12 under these rules.

(viii)  "Librarian" means the Librarian appointed under these rules for the arrangement and maintenance of books in Other Backward Classes Girls Residential +2 High School located in the High School;

(ix)    "Headmaster" means the Headmaster appointed/promoted under these rules in Other Backward Classes Girls Residential +2 High School;

(x)      "University" means a University constituted by the Statute or a University recognized by the University Grants Commission;

(xi)    "National Council for Teacher Education" means the Council regulating the specified training institutions and training systems at the national level;

(xii)   "Teacher Eligibility Test" means the eligibility test to be conducted by the authorized agency of Bihar Government or Central Government for the candidates belonging to the post of teacher to be appointed by direct appointment process under these rules;

(xiii)  "Librarian Eligibility Test" means the eligibility test to be held under these rules for the candidates belonging to the post of Librarian to be appointed by direct appointment process;

(xiv)  "Appointment Authority" means the Director of the Directorate of Backward and Extremely Backward Classes Welfare;

(xv)   "Disciplinary Authority" means the appointing authority of teachers, librarians and headmasters under these rules;

(xvi)  "Appellate Authority" means the Additional Chief Secretary/Principal Secretary/Secretary of the Department;

(xvii) "District Backward and Extremely Backward Classes Welfare Officer" means the District Backward and Extremely Backward Classes Welfare Officer of the Bihar Backward Classes and Extremely Backward Classes Welfare Officer Service;

(xviii)   "Teacher Training" means B.Ed./B.A.Ed./B.Sc.Ed./B.El.Ed. Degree or 03 years unified degree of B.Ed-M.Ed or 04 years degree of B. Ed./B.Sc.Ed. from institutions recognized by the Central or any State Government before coming into force of the National Council for Teacher Education (NCTE) Act, 1993 or from institutions recognized by NCTE after coming into force of the National Council for Teacher Education Act and such State/Union Territory where the National Council for Teacher Education is not in effect the degree of D.L.Ed./B.Ed./B.A.Ed./B.Sc.Ed./B.El.Ed. from an institution recognized by that State/Union Territory. Along with this, Teacher Training qualification as determined by the National Council for Teacher Education (NCTE) from time to time.

Explanation:- The decision of the Department in consultation with the National Council for Teacher Education (NCTE) shall be final in case of any dispute on the point of validity of any Teacher Training degree or on the point of equivalence of any particular degree.

Rule - 3. Cadre.

The various posts of this cadre and their hierarchy shall be as follows:-

(i)       Primary Teacher (Trained)

(ii)      Secondary Teacher (Graduate Trained) (TGT)

(iii)     Higher Secondary Teacher (10 + 2) (Post Graduate Trained)(PGT)

(iv)    The Headmaster

Rule - 4.

All the posts of Primary Teacher (Trained) in Other Backward Classes Girls Residential +2 High Schools shall be filled by direct appointment. Teachers shall be appointed subject wise on the following posts:-

(a)      Mathematics and Science teacher

(b)      Social Science teacher

(c)      Language teacher

The essential qualifications for appointment to the post of primary teacher (trained) in Other Backward Classes Girls Residential +2 High Schools shall be as follows:-

(i)       Should be a citizen of India.

(ii)      (a) B.A./B.Sc. and 2-year Diploma in Primary Education (by whatever name known)

Or

B.A./B.Sc. with minimum 50% marks and one year Bachelor of Education (B.Ed.)

Or

B.A./B.Sc. with minimum 45% marks and one year Bachelor of Education (B.Ed.), which has been obtained as per the National Council of Teacher Education (Recognition, Standards and Procedure) Regulations 2002 issued from time to time in this regard.

Or

Higher Secondary (or its equivalent) with minimum of 50% marks and 4 (four) years Bachelor of Elementary Education (B.El.Ed.)

Or

Higher Secondary (or its equivalent) with minimum of 50% marks and 4 (four) years B.A./B.Sc.Ed. or B.A.Ed./B.Sc.Ed.

Or

BA/B.Sc with minimum 50% marks and one year B.Ed. (Special Education)

And

Passed in the "Teacher Eligibility Test" (TET) conducted by the Bihar Government or Central Government for appointment as a teacher for teaching class 6 to 8.

(b) Diploma/Degree course in teacher education from a recognized training institution shall be valid. For Diploma in Education (Special Education) and B.Ed. (Special Education) the courses recognized only by the Rehabilitation Council of India (RCI) shall be valid.

(c) Who possesses the qualification of D.Ed. (Special Education) or B.Ed. (Special Education) shall be required to undergo six months special training in Primary Education recognized by the National Council for Teacher Education after appointment.

(d) The teachers of class 1 to 5 having B.Ed. qualification appointed on or after 3rd September 2001 shall have to get 6 months special training in elementary education recognized by the National Council for Teacher Education as per the National Council for Teacher Education (Determination of Minimum Qualification for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time).

(e) Equivalent degree of technical education (Polytechnic, Unani education etc.) and degree related to special oriental language (Maulvi, Up-shastri) are not valid for appointment to the post of general teacher and degree of a particular language provided by voluntary institutions established by any society or trust, shall also not be valid.

(f) Age:- The minimum age of the candidates of Primary teacher (trained) as on 1st August of the year of appointment shall be 18 years and category wise maximum age limit shall be the same as prescribed by the State Government (General Administration Department) from time to time, apart from this any other relaxation in the maximum age can be fixed by the Administrative Department after obtaining consent from the General Administration Department.

Rule - 5.

80 % posts of Secondary Teacher (Graduate Trained) (TGT) in Other Backward Classes Girls Residential +2 High Schools shall be filled by direct appointment, while the remaining 20 % posts shall be filled by promotion.

(a)      The essential qualifications for appointment by direct recruitment to the post of Secondary Teacher (Graduate Trained) in Other Backward Classes Girls Residential +2 High Schools shall be as follows:-

(i)       Should be a citizen of India.

(ii)      (a) Must have passed Graduation/Post Graduation with minimum 50% marks in the specified subject group from a recognized University. For SC/ST/Extremely Backward Classes/Backward Classes/Divyang/Women and Economically Weaker Sections, 5% relaxation shall be given in the minimum prescribed marks. The degree of Alim awarded by Maulana Mazharul Haq Arabic and Persian University, Patna/Bihar State Madarasa Education Board and the degree of Shastri awarded by Kameshwar Singh Darbhanga Sanskrit University shall be considered equivalent to graduation. Also, Bachelor of Education (B.Ed) from an institute recognized by the National Council for Teacher Education.

Or

Must have passed Graduation/Post Graduation with at least 45% marks from a recognized University as per National Council for Teacher Education (Application Form for Recognition, Time Limit for Submission of Application, Prescribing Norms and Standards for Recognition of Teacher Education Programs and Permission Regulation for Starting New Courses or Training) notified on 13.11.2002 and National Council for Teacher Education (Recognition, Norms and Methodology) Regulation-2007(Notified on 10.12.2007). SC/ST/Extremely Backward Classes/Backward Classes/Divyang/Women and Economically Weaker Section shall be given a relaxation of 5% in the minimum prescribed marks. The degree of Alim awarded by Bihar State Madarasa Education Board/ Maulana Mazharul Haque Arabic and Persian University, Patna and the degree of Shastri awarded by Kameshwar Singh Darbhanga Sanskrit University shall be considered equivalent to graduation. Also, Bachelor of Education (B.Ed.) from a training institute recognized by the National Council for Teacher Education.

Or

Four-year degree of B.A.Ed./B.Sc.Ed. from any institution recognized by the National Council for Teacher Education.

(b) Qualification for the post of Physical Education Teacher:-

Bachelor's degree in Physical Education from a recognized University with minimum of 50% marks with physical education as an optional subject. SC / ST / Extremely Backward Classes/Backward Classes/Divyang/Women and Economically Weaker Section shall be given a relaxation of 5% in the minimum prescribed marks.

Or

Bachelor's degree in physical education with minimum 45% marks with physical education as an optional subject and participation in national or state or inter-university sports or sports competitions or athletics recognized by the Association of Indian Universities or Indian Olympic Association. SC/ST/Extremely Backward Classes/Backward Classes/ Divyang/Women and Economically Weaker Section shall be given a relaxation of 5% in the minimum prescribed marks.

Or

Bachelor's degree with 45% marks and participation in national or state or inter- university sports or sports competition or athletics. For SC/ST/Extremely Backward Classes/Backward Classes/Divyang/Women and Economically Weaker Section, 5% relaxation shall be given in the minimum prescribed marks.

Or

Deputed terminal candidates (i.e trained physical teacher/coach) - Graduate with 45% marks. SC/ST/Extremely Backward Classes/ Backward Classes/ Divyang/Women and Economically Weaker Section shall be given a relaxation of 5 % in the minimum prescribed marks. Apart from this at least 3 years teaching experience as per the National Council for Teacher Education (Recognition, Norms and Procedure) Regulations, 2009.

Or

Graduate in Physical Education with 45% marks. There shall be a relaxation of 5 % in the minimum prescribed marks for SC / ST / Extremely Backward Classes/ Backward Classes / Divyang / Women and Economically Weaker Sections.

Or

Graduation with 40 percent marks with physical education as an optional subject. There shall be a relaxation of 5 % in the minimum prescribed marks for SC / ST / Extremely Backward Classes / Backward Classes / Divyang / Women and Economically Weaker Sections.

Or

A graduate who has participated in sports/ games in school, inter collegiate or has passed NCC 'C' certificate as per notification of National Council for Teacher Education (Recognition, Norms and Procedure) Regulations, 2007 (10.12.2007).

Or

Bachelor's degree in Physical Education of 3 years duration that is B.P.Ed course (or its equivalent)

Or

A graduate who has represented the State/University in Sports/games/Athletics.

Or

A graduate who has secured 1st, 2nd or 3rd position in Inter-Collegiate Sports/Sports Competitions/Holder of NCC 'C' Certificate or who has passed Basic Course in Adventurous Sports.

Or

Graduates with one year training program in Sports Science, Sports Management, Sports Coaching, Yoga, Olympic Education, Sports Journalism etc as per National Council for Teacher Education (Application for Recognition, Time Limit for Submission of Application, Prescribing Norms and Standards for Recognition of Teacher Education Programs and Permission for Starting New Courses or Training) Regulations, 2002 notified on 13.11.2002

And

Bachelor's degree in Physical Education (B.P.Ed.) of at least one year duration or its equivalent from an institution recognized by the National Council for Teacher Education.

(iii)     Passed in the "Teacher Eligibility Test" conducted from time to time by the Bihar Government or Central Government.

(iv)    Age:- The minimum age of the candidates of Secondary Teacher (Graduate Trained) as on 1st August of the year of appointment shall be 21 years and category wise maximum age limit shall be the same as may be prescribed by the State Government (General Administration Department) from time to time. Apart from this, any other relaxation in the maximum age can be decided by the Administrative Department after obtaining consent from the General Administration Department.

(b)      For promotion from the post of Primary teacher (trained) to the post of secondary teacher (graduate trained) (TGT) in Other Backward Classes Girls Residential +2 High Schools, the following qualification shall be mandatory:-

(i)       Minimum 5 years of continuous service to the post of Primary Teacher (Trained) from the date of joining.

(ii)      Bachelor's degree with at least 50% marks in any subject of the subject group from which he/she is graduated. SC/ST/Extremely Backward Classes/Backward Classes/Divyang/Women and Economically Weaker Section shall be given a relaxation of 5% in the minimum prescribed marks.

(iii)     Clearance certificate up to three years before the year of promotion as directed.

Rule - 6.

All the posts of Librarian in Other Backward Classes Girls Residential +2 High Schools shall be filled by direct appointment.

The essential qualification for the appointment of librarian in Other Backward Classes Girls Residential +2 High Schools shall be as follows:-

(i)       Should be a citizen of India.

(ii)      Bachelor's degree from a recognized University with minimum 45% marks. SC/ST/Extremely Backward Classes/Backward Classes/Divyang/Women and Economically Weaker Section shall be given a relaxation of 5% in the minimum prescribed marks. The degree of Alim awarded by Maulana Mazharul Haque Arabic and Persian University, Patna/Bihar State Madarasa Education Board and the degree of Shastri awarded by Kameshwar Singh Darbhanga Sanskrit University shall be considered equivalent to graduation.

(iii)     Bachelor's degree in Library Science awarded by a recognized University.

(iv)    Passed in the Librarian Eligibility Test conducted from time to time by the Bihar Government and/or Central Government.

(v)      Age:- As on 1st August of the year of appointment, the minimum age of Librarian candidates shall be 21 years and category wise maximum age limit shall be the same as may be prescribed by the State Government (General Administration Department) from time to time. Apart from this, any other relaxation in the upper age limit can be determined by the Administrative Department after obtaining consent from the Administration Department.

Rule - 7.

In Other Backward Classes Girls Residential +2 High Schools, 80 % of the posts of Higher Secondary Teacher (10 + 2) (Post Graduate Trained)( PGT) shall be filled by direct appointment, while the remaining 20 % posts shall be filled by promotion.

(A)     The essential qualification for direct recruitment to the post of Higher Secondary Teacher (10 + 2) (Post Graduate Trained)( PGT) in Other Backward Classes Girls Residential +2 High Schools shall be as follows:-

(i)       Should be a citizen of India.

(ii)      (a) Must have passed post Graduation in the specified subject from a recognized University with a minimum of 50% marks. For SC/ST/Extremely Backward Classes/Backward Classes/ Divyang/ Women and Economically Weaker Section, 5% relaxation shall be given in the minimum prescribed marks. The Degree of Fazil awarded by Bihar State Madarasa Education Board / Maulana Mazharul Haque Arabic and Persian University, Patna And the degree of Acharya awarded by Kameshwar Singh Darbhaga Sanskrit University shall be considered equivalent to post-graduation. Apart from this a graduate in education (B.Ed./B.A.Ed./B.Sc.Ed) of an institution recognized by the National Council for Teacher Education.

Or

Must have passed post- graduation in the specified subject from a recognized University with a minimum of 45% marks as per National Council for Teacher Education (Time limit for submission of applications for recognition, laying down of norms and standards for recognition of teacher education programs and permission for starting new courses or training) Regulations 2002 (notified on 13.11.2002) and the National Council for Teacher Education (Recognition, Norms and Procedure) Regulations-2007 notified on 10.12.2007. SC/ST/Extremely Backward Classes /Backward Classes/Divyang/Women and Economically Weaker Section shall be given a relaxation of 5% in the minimum prescribed marks. The degree of Fazil awarded by Bihar State Madarasa Education Board/ Maulana Mazharul Haque Arabic and Persian University, Patna and the degree of Acharya awarded by Kameshwar Singh Darbhaga Sanskrit University shall be considered equivalent to post-graduation. Apart from this Graduate in Education (B.Ed./B.A.Ed./B.Sc.Ed) from an Institute recognized by the National Council for teacher education.

(b) Post graduate/equivalent qualification in the specified subject shall be mandatory for appointment to the post of computer teacher. B.Ed./B.A.Ed./B.Sc.Ed. Degree shall not be mandatory for appointment to these posts.

(c) Passed in the "Teacher Eligibility Test" conducted from time to time by the Bihar Government or Central Government.

(d) Age:- The minimum age of the candidates for a higher secondary teacher(10 + 2) (Post Graduate Trained)(PGT) as on 1st August of the year of appointment shall be 21 years and category wise maximum age limit shall be the same as may be prescribed by the State Government (General Administration Department) from time to time. Apart from this any other relaxation in the maximum age can be decided by the Administrative Department after obtaining consent from the General Administration Department.

(B)     For promotion from the post of Secondary Teacher (Graduate Trained) (TGT) to the post of Higher Secondary Teacher (10 + 2) (Post Graduate Trained)(PGT) in Other Backward Classes Girls Residential +2 High Schools, the following qualification shall be mandatory:-

(i)       Minimum 4 years of continuous service to the post of Secondary Teacher from the date of joining.

(ii)      The qualification of post graduation with at least 45% marks in any subject of the subject group from which graduation have been completed. For SC/ST/Extremely Backward Classes/Backward Classes/Divyang/Women, 5% relaxation shall be given in the minimum prescribed marks.

(iii)     Clearance certificate up to three years before the year of promotion as directed.

Rule - 8.

80 % of the posts of Headmaster in Other Backward Classes Girls Residential + 2 High Schools shall be filled by direct appointment, while the remaining 20 % posts shall be filled by promotion.

For this the essential qualification shall be as follows:-

(i)       Should be a citizen of India.

(ii)      Must have passed post graduation from a recognized university with a minimum of 50% marks. For SC/ST/Extremely Backward Classes/ Backwar Classes/ Divyang/ Women and Economically Weaker Sections, 5% relaxation shall be given in the minimum prescribed marks. The degree of Alim awarded by Maulana Mazharul Haque Arabic and Persian University, Patna/Bihar State Madarasa Education Board, and the degree of Shastri awarded by Kameshwar Singh Darbhanga Sanskrit University shall be considered equivalent to graduation.

(iii)     Having passed Bachelor of Education (B.Ed.) / B.A.Ed. / B.Sc.Ed. from an institution recognized by the National Council for Teacher Education.

(iv)    Experience:-

(a)      having continuous service of at least 15 years from the date of joining to the post of Primary Teacher (Trained),

(b)      having continuous service of at least 10 years to the post of Secondary Teacher (Graduate Trained)(TGT) from the date of joining,

(c)      Minimum 12 years of continuous service to the post of secondary teacher in a school having permanent affiliation with Central Board Of Secondary Education (CBSE ) / Indian Certificate Of Secondary Education (ICSE) / Bihar School Examination Board (BSEB).

(d)      Minimum 08 years of continuous service to the post of Senior Secondary Teacher (10+2) (Post Graduate Trained)( PGT) from the date of joining,

(e)      Minimum 10 years of continuous service to the post of higher secondary teacher in a school having permanent affiliation with Central Board Of Secondary Education (CBSE)/Indian Certificate Of Secondary Education (ICSE)/Bihar School Examination Board (BSEB). The said period shall be reckoned from the date of joining or the date of attainment of training qualification, whichever is later.

(v)      Age.- The minimum and maximum age limit of the teacher working under these rules shall not be determined separately. For teachers working in a school having permanent affiliation with Central Board of Secondary Education (CBSE ) / Indian Certificate Of Secondary Education (ICSE) / Bihar School Examination Board (BSEB), the minimum age shall be 31 years and the maximum age shall be 47 years.

Rule - 9. Reservation.

The provision of reservation enforced by the General Administration Department in direct appointment under the State Government shall also be effective on direct appointment under these rules. Similarly, the provision of reservation enforced by the General Administration Department in promotions under the State Government shall also be effective on promotions to be made under these rules.

Rule - 10. Pay Scale.

The teacher/ librarian/ headmaster appointed/promoted in Other Backward Classes Girls Residential +2 High Schools shall be paid the same pay scale which shall be fixed by the education department from time to time, in view of the pay scale accepted by the State Government.

Rule - 11. Cadre Strength.

The number and total number of posts of each category of this cadre shall be such as has been sanctioned/determined by the Government up to the date of coming into force of these rules and from subsequent dates as may be approved or determined by the Government from time to time as required.

Rule - 12. Administrative control over the members of the cadre.

The administrative department of all the categories of posts of the cadre shall be the Backward Classes and Extremely Backward Classes Welfare Department, which shall exercise administrative control over the members of the cadre.

Rule - 13. Procedure for an appointment.

(i)       After calculating vacant posts for direct appointment to the post of Primary Teacher (Trained), Secondary Teacher (Graduate Trained) (TGT), Higher Secondary Teacher (10 + 2) (Post Graduate Trained)( PGT), Headmaster and after roster clearance, reservation category wise requisition shall be sent to the Commission as per requirement by Backward Classes and Extremely Backward Classes Welfare Department.

(ii)      In the light of the requisition received for direct recruitment, the Commission shall advertise the number of vacancies. In the application form advertised by the commission, the candidature of teacher-candidate shall be evaluated on the basis of the no-objection certificate issued by the competent authority regarding qualification and experience. The teachers working in schools other than the state government schools shall give certificate to that effect that they have received the salary through the bank account in the prescribed period and the evidence of this is available at their level.

(iii)     The syllabus and pattern for the examination shall be determined by the Commission in consultation with the Administrative Department. In the light of the prescribed syllabus, the examination shall be conducted, the question papers shall be determined, the answer sheets shall be evaluated and the results shall be published by the Commission.

(iv)    This examination shall be of 150 questions, which shall be objective and multiple choices. Each question shall be of one mark and there shall be a negative marking of 0.25 marks for each wrong answer. The duration of the examination shall be of two hours.

(a)      The following Weightage shall be given in the process of appointment to the contract basis employees for regular appointment.

(b)      Pre employed contract basis Graduate Teacher / Lecturer shall be given weightage at the rate of maximum 5 marks per year upto 25 marks (For a fraction of a year, after multiplying the number of working days by 5, the proportion obtained by dividing by 365 shall be added) for satisfactory service. Marks obtained on the basis of weightage shall not be included in the minimum qualifying marks in the examination.

(c)      The relaxation shall be given to the contract basis employees in the maximum age limit equivalent period of work done by them. A fraction of any working year shall also be included in this.

(v)      The Commission shall have the discretion to fix the qualifying marks for the said examination.

(vi)    The appointment shall be made in the light of the recommendation made on the basis of the said examination conducted by the Commission.

(vii)   The recommendation made by the Commission shall not confer any right of appointment unless the Appointing Authority is satisfied after examining the necessary certificates that the candidate is eligible in all respects for appointment to the post of Teacher/Librarian/Headmaster.

Rule - 14. Scrutiny of certificates.-

(i)       It shall be the responsibility of the appointing authority that they shall get the certificates related to educational/training qualification and experience checked as necessary, along with other certificates before issuing the appointment letter.

(ii)      After scrutiny of No Objection Certificate and Experience Certificate of teachers working in a school having permanent affiliation with Central Board of Secondary Education (CBSE)/ Indian Certificate of Secondary Education (ICSE)/ Bihar School Examination Board (BSEB) by the concerned school and only after making the salary given through the bank account and based on the salary statement verified by the concerned school the appointment letter shall be issued.

(iii)     In case of the certificate is found to be forged or incorrect, while canceling the appointment, other legal action shall be taken while recovering the amount given under the head of the salary etc. under the provisions of the Bihar and Orissa Public Demand Recovery Act, 1914.

Rule - 15. Terms of Service.

(i)       Teachers, Librarians and Headmasters may remain appointed till the maximum age of 60 years.

(ii)      The period of first 02 years after appointment shall be the probationary period. In case the service is not satisfactory during this period, it may be extended for one year. If the service is not found satisfactory even in the extended period, the appointing authority shall recommend termination of service to the disciplinary authority after giving an opportunity of being heard in this regard. In the light of the above recommendation the service of the concerned may be terminated by the disciplinary authority.

(iii)     During the period of probation, the Headmaster shall have to complete the institutional or other training prescribed by the Education Department, Bihar, Patna. The calendar and syllabus of training shall be prepared by the department as per the Education Department.

(iv)    In addition to satisfactorily completing the probationary period and successfully completing the prescribed training, the Headmaster shall also have to pass the departmental examination. Detailed guidelines related to departmental examination shall be issued separately by the Central Examination Committee, Revenue Board, Bihar in consultation with the Administrative Department.

(v)      (a) Teacher / Librarian -The service may be confirmed on satisfactory completion of probationary period.

(b) Headmaster - The service may be confirmed after satisfactory completion of probation period, successful completion of training and passing the departmental examination.

(vi)    The inter-se seniority of teachers/librarians/headmasters shall be determined according to the principle laid down by the General Administration Department.

Rule - 16. Promotion.

The panel shall be constituted by the department for promotion to the post of Secondary Teacher (Graduate Trained) (TGT) and Higher Secondary Teacher (10 + 2) (Post Graduate Trained)(PGT) and Headmaster. Promotion shall be given to them on recommendation of the Promotion Committee constituted at the level of Directorate of Backward and Extremely Backward Classes Welfare. Detailed guidelines related to the promotion shall be issued separately by the Administrative Department.

Rule - 17. Appointment on compassionate grounds.-

In the light of these rules, on the death of a teacher/librarian/headmaster appointed/promoted in service, one of his/ her qualified dependents may be appointed on compassionate ground according to the provision (as amended from time to time) made by the Education Department against available vacancies in concerned School or the School situated in other districts under the Department.

Rule - 18. Transfer.

(i)       The post of teacher, librarian and headmaster shall be transferable.

(ii)      In the light of the guidelines issued by the Cabinet Secretariat Department and the Administrative Department from time to time for transfer, the process of transfer can be done by the concerned appointing authority on the respective cadre post.

(iii)     Inter-district transfer of teacher, librarian and headmaster may be done from voluntary/administrative/academic point of view. For this the competent authority shall be the Director, Directorate of Backward and Extremely Backward Classes Welfare.

Rule - 19. Maintenance of Service Book.

Maintenance of the Service Book of teacher, librarian and headmaster shall be done at the level of District Backward and Extremely Backward Classes Welfare Officer.

Rule - 20. Code of Conduct.

(i)       To complete the prescribed syllabus in an easy and accessible manner.

(ii)      To come to school on time and to conduct the class as per the prescribed routine.

(iii)     Not to harass children mentally and physically while ensuring the protection of child rights.

(iv)    Not to engage in private business directly or indirectly.

(v)      Not taking any kind of intoxicant.

(vi)    To play an active role in removing social evils especially child marriage and dowry system.

(vii)   To comply with the directions given by the Appointing Authority, District Officer and District Backward and Extremely Backward Classes Welfare Officer from time to time.

(viii)  To comply with the instructions given by the Bihar School Examination Committee from time to time for the successful conduct of the Annual Secondary Examination and Higher Secondary Examination.

(ix)    The provision contained in the Bihar Government Servant Conduct Rules, 1976 (As amended from time to time) shall be followed.

Rule - 21. Disciplinary action.

The provision contained in the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 (as amended from time to time) shall be applicable to the teachers/ librarian / headmasters appointed under these rules.

Rule - 22. Appellate Authority.

The power to decide after hearing complaints/appeals related to appointment under these rule and matters related to the service conditions of teachers/ librarians/ headmasters working under these rules shall be vested in the Additional Chief Sectetary/ Principal Secretary/Secretary, Backward Classes and Extremely Backward Classes Welfare Department.

Rule - 23. Miscellaneous.

(i)       The Administrative Department may clarify any of the provisions of these rules and remove difficulties arising in its implementation.

(ii)      The State Government may determine the specified subject and equivalent degree/title of various qualifications for the appointment of subject wise teachers.

Rule - 24. Power to make regulations.

The Department may make regulations to give effect to the provisions of these rules.

Rule - 25. Interpretation.

If any doubt arises concerning the interpretation of any provision of these rules, then as per requirement, the matter shall be decided by the Department in consultation with the Law Department / General Administration Department / Education Department etc. and the decision of the Department shall be final.

Rule - 26. Repeal and Saving.

(a)      The resolutions/rules/orders etc. issued earlier by the Department from time to time in relation to this service shall be deemed to be hereby repealed.

(b)      Notwithstanding such repeal, anything done or any action taken in exercise of the powers conferred under the previous resolution/rules/orders etc. shall be deemed to have been done or taken in exercise of the powers conferred by these rules hereunder, as if these rules were in force on the date on which any such act or such action was taken.