[10th
April 2023] 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 appointment and service
conditions for the post of School Teacher in Primary, Middle, Secondary, Senior
Secondary, Upgraded Senior Secondary & Newly Established Senior Secondary
Schools :- (a)
These Rules shall be called "Bihar State
School Teacher (Appointment, Transfer, Disciplinary Proceedings and Service Conditions)
Rules, 2023". (b)
It shall extend all over the State of Bihar. (c)
It shall come into force from the date of
publication in Gazette. (i)
"Government" means the Bihar
Government; (ii)
"Administrative Department" means
the Education Department; (iii)
"School" means Government,
Nationalized, Project Girls and Government Basic School managed and controlled
by the Bihar Government which shall also include all Upgraded / Newly
Established Senior Secondary School; (iv)
"Primary School" means that School
in which teaching from class 1 to 5 is done; (v)
"Middle School" means that School
in which teaching from class 1 to 8 or class 6 to 8 is done; (vi)
"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; (vii)
"Secondary School" means Government
/ Nationalized / Project Girls Senior Secondary School / Newly Established
Secondary School / Upgraded Secondary School in which teaching up to class 10
is done; (viii)
"Senior Secondary School" means
Government / Nationalized / Project Girls Senior Secondary School / Newly
Established Senior Secondary School / Upgraded Senior Secondary School in which
teaching up to class 12 is done; (ix)
"Zila Parishad" means Zila Parishad
constituted under the Bihar Panchayat Raj Act, 2006; (x)
"Panchayat Samiti" means Panchayat
Samiti constituted under the Bihar Panchayat Raj Act, 2006; (xi)
"Gram Panchayat" means Gram
Panchayat constituted under the Bihar Panchayat Raj Act, 2006; (xii)
"Nagar Nikay" means autonomous
institutions - Nagar Nigam, Nagar Parishad and Nagar Panchayat for urban areas
constituted under the Bihar Municipal Act, 2007; (xiii)
"Cadre" means cadre of School
Teacher at District level under these Rules; (xiv) "Appointing
Authority" means District Education Officer of the concerned district; (xv)
"Disciplinary Authority" means the
authority competent for appointment; (xvi) "Appellate
Authority" means Regional Deputy Director of Education of the concerned
Division; (xvii) "School
Teacher" means (a)
School teacher of Basic grade appointed under
these Rules for teaching from class 1 to 5; (b)
School teacher of Graduate grade appointed
under these Rules for teaching from class 6 to 8; (c)
School teacher appointed under these Rules
for teaching from class 9 to 10; (d)
School teacher appointed under these Rules
for teaching from class 11 to 12; (xviii)
"Special School Teacher" means
teacher appointed under these rules for providing academic support to Children
With Special Needs in the Secondary/Senior Secondary/Elementary Schools; (xix) "Headmaster"
means Headmaster / Principal appointed in Senior Secondary School under Bihar
State Senior Secondary School Headmaster (Appointment, Transfer, Disciplinary
Proceedings and Service Conditions) Rules, 2021, Bihar Education Service Rules,
2014 (as amended) and Bihar Nationalized Secondary School Conditions of Service
Rules, 1983 (as amended in 2006) or Headmaster working in Middle School under
the provisions of Bihar Nationalized Primary School Teacher - Transfer,
Disciplinary Proceedings and Promotion Rules, 2018 or Headmaster working in
Upgraded Senior Secondary / Newly Established Senior Secondary School under the
provisions of Bihar State Senior Secondary School Headmaster (Appointment,
Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2021 (as
amended from time to time); (xx)
"Head Teacher" means Head Teacher
to be appointed under the Bihar Nationalized Primary School Head Teacher
(Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules,
2021; (xxi) "Teacher
earlier appointed under the Panchayati Raj institution and Nagar Nikay
institution" means teacher appointed under the Bihar Zila Parishad
Secondary and Senior Secondary Teacher (Appointment and Service Conditions)
Rules, 2006 (as amended from time to time), Bihar Zila Parishad Secondary and
Senior Secondary School Service (Appointment, Promotion, Transfer, Disciplinary
Proceedings and Service Conditions) Rules, 2020, Bihar Nagar Nikay Secondary and
Senior Secondary Teacher (Appointment and Service Conditions) Rules, 2006 (as
amended from time to time), Bihar Nagar Nikay Secondary and Senior Secondary
School Service (Appointment, Promotion, Transfer, Disciplinary Proceedings and
Service Conditions) Rules, 2020, Bihar Panchayat Elementary Teacher
(Appointment and Service Conditions) Rules, 2012 (as amended from time to
time), Bihar Panchayat Elementary School Service (Appointment, Promotion,
Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2020, Bihar
Nagar Elementary School (Appointment and Service Conditions) Rules, 2012 (as
amended from time to time) and Bihar Nagar Elementary School Service
(Appointment, Promotion, Transfer, Disciplinary Proceedings and Service
Conditions) Rules, 2020; (xxii) "Non-teaching
staff" means staff working in the Schools of State Government who are not
engaged in teaching works; (xxiii)
"University" means University
constituted under Act or University recognized by the University Grants
Commission; (xxiv)
"National Council for Teacher
Education" means Council specified at the National level for regulating
the Teaching and Training Arrangements; (xxv)"Eligibility
Test" means Eligibility Test organized by designated agency of Bihar
Government and / or Central Government for cadre / cadres covered under these
Rules; (xxvi)
"Teachers Training" means degree of
D. L. Ed. / B. Ed. / B. A. Ed. / B. Sc. Ed. from any training institution
recognized either by Central or any State Government before the enforcement of
National Council for Teacher Education Act, 1993 or 03 years unified degree of
B. Ed.-M. Ed. or 04 years degree of B. A. Ed. / B. Sc. Ed. or 04 years
Graduation in Elementary Education (B. L. Ed.) or Graduation of at least one
year in Physical Education (B. P. Ed.) from any institution recognized by the
National Council for Teacher Education or its equivalent or degree of D. L. Ed.
/ B. Ed / B. P. Ed. / B. A. Ed / B. Sc. Ed. degree from any training
institution recognized by such State / Union Territory where National Council
for Teacher Education Act, 1993 is not enforced. Along with this, Teacher
Training qualification as determined by the National Council for Teacher
Education from time to time. Explanation: The decision of
the Department in consultation with the National Council for Teacher Education
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. (xxvii)
"Commission" means any Commission
authorized by the State Government for recommendation for appointment to the
cadre / cadres under these Rules; (i)
Should be a Citizen of India and a permanent
resident of Bihar State. (ii)
Should possess Educational and Training
qualification for appointment to the post of School teacher as determined by
the National Council for Teacher Education from time to time. Qualification for
Special School Teacher shall be applicable as per Rehabilitation Council of
India. (iii)
Qualified in Teachers Eligibility Test
conducted by the State Government / Central Government from time to time. However,
qualifying Teachers Eligibility Test shall not be mandatory for teachers
appointed and working from prior to 2012 who have qualified Proficiency Test. (iv)
The Department shall determine special
qualifications for particular subject from time to time separately. (v)
Age.-The minimum age for appointment as
School teacher in Primary and Middle School shall be minimum 18 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. Similarly, the minimum age for appointment as School teacher
in Secondary and Senior Secondary School shall be minimum 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. Relaxation of 10 years in the upper age limit in
the first transaction of appointment after the enactment of these Rules shall
be provided to such trained candidates who have qualified the Teachers
Eligibility Test prior to enactment of these Rules. Relaxation of 10 years in
the upper age limit in the first transaction of appointment shall be provided
to the Teachers Eligibility Test qualified trained candidates in such subject
or subject-group in which Teachers Eligibility Test have not been conducted,
prior to enactment of these Rules. Provided that the State
government may take separate decision for relaxation in the upper age limit for
teachers appointed and working under the Panchayati Raj institution and Nagar
Nikay institution. (i)
The provisions for reservation in direct
appointment under the state Government, as implemented by the General
Administration Department shall be applicable. Provided that, female
candidates shall be appointed on minimum 50% posts of School teacher in Basic
grade and Graduate grade of Primary and Middle School in each subject. In case
of odd number of seats, the last shall be marked for female candidate. (ii)
Subject-wise reservation roaster for Basic
and Graduate grade School teacher for Primary and Middle School shall be
maintained in consolidated form at District level. Similarly, Subject-wise
reservation roaster for School teacher for Secondary and Senior Secondary shall
be maintained separately at District level. (iii)
The roaster clearance for School teacher
shall be carried out by the District Magistrate. (iv)
The roaster shall start from reservation
point 01 for appointment to the post of School teacher in the first transaction
after the commencement of these Rules. (i)
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 School teacher, by the Education Department. (ii)
The Commission shall advertise the number of
vacant posts in relation to the requisition received for direct appointment.
The candidature of the teacher-candidate shall be evaluated on the basis of the
self declaration by the candidate in relation to qualification in the
application form advertised by the Commission. (iii)
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. (iv)
The Commission shall determine the pattern of
the examination for which it may consult and take advice with the Department as
per requirement. (v)
The discretion to fix cut-off marks for the
examination shall vest with the Commission. (vi)
Any candidate can appear, maximum three
times, at an examination conducted under these rules. (vii)
Appointment shall be done in accordance with
the recommendation on the basis of the examination conducted by the Commission. (viii)
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 School teacher from all
aspects. (i)
It shall be the duty of the Appointing
Authority that they shall get the Educational / Training qualification and
experience related certificates and other certificates verified, as necessary,
before issuing the Appointment letter. However, provisional appointment letter
may be issued, in the interest of work and the certificates may be verified
within time limit fixed by the department. (ii)
In case the certificate is found to be forged
or incorrect, the appointment shall be cancelled and recovery of the amount
paid under the head of salary etc. shall be done under the provisions of Bihar
and Orissa Public Demand Recovery Act, 1914 and also other appropriate legal
action shall be taken. (i)
The probation period for school teachers
appointed by direct recruitment shall be two years from the date of
contribution. In case the Probation period is found to be not satisfactory, the
probation period may be extended for one year. If the service is found to be
not satisfactory even in the extended period, then the Appointing Authority may
discharge such School teacher after giving him an opportunity of being heard. (ii)
The School teacher shall successfully
complete the institutional and other training prescribed by the Department
during the Probation period. The Calendar and Syllabus of
the training shall be determined by the Department separately. (i)
There shall be subject-wise consolidated
seniority list of school teachers of Primary and Middle School. The
subject-wise seniority list of school teachers of Secondary and Senior
Secondary Schools shall be separate. The inter se seniority shall be in
accordance with the principles laid down by the General Administrative
Department. (ii)
The seniority list of school teachers shall
be maintained at District level. (i)
The post of School teacher shall be
transferable. (ii)
The process of transfer shall be done by the
concerned Appointing Authority on the concerned cadre post in the light of the
guidelines issued from time to time for transfer by the Cabinet Secretariat
Department and the Administrative Department. (iii)
Inter-district transfer of School teacher may
be done from voluntary / administrative / educational point of view. For this,
the Competent Authority in respect of Primary and Middle School shall be
Director, Primary Education. The Competent Authority in respect of Secondary
and Senior Secondary Schools shall be Director, Secondary Education. As a
result of the inter-district transfer, the seniority of the concerned
transferred School teacher shall be determined as lower in the subject-wise
seniority of the school teacher related to the year of his appointment in the
transferred district. (i)
The pay-scale etc. for the post of School
teacher shall be determined by the State Government. (ii)
The cadre strength of different cadres of
School teachers shall be the same as determined by the Government from time to
time. (iii)
Other service conditions may be prescribed by
the State Government. (i)
Completion of the syllabus as prescribed in
easy and accessible manner. (ii)
Attend school on time and conduct classes as
per the prescribed routine. (iii)
Not to allow harassment of children mentally
or physically and ensuring protection of child rights. (iv)
Not to consume any type of toxic substances. (v)
Play an active role in eradicating social
evils especially child marriage and dowry. (vi)
To follow the directions issued from time to
time by the Bihar School Examination Board for successful conduct of yearly
Secondary examination and Senior Secondary examination. (vii)
The provisions contained in Bihar Government
Servants Conduct Rules, 1976 (as amended from time to time) shall be applicable
to School teacher. (i)
Persons appointed under Bihar Zila Parishad
Secondary and Senior Secondary Teacher (Appointment and Service Conditions)
Rules, 2006 (as amended from time to time), Bihar Zila Parishad Secondary and
Senior Secondary School Service (Appointment, Promotion, Transfer, Disciplinary
Proceedings and Service Conditions) Rules, 2020, Bihar Nagar Nikay Secondary
and Senior Secondary Teacher (Appointment and Service Conditions) Rules, 2006
(as amended from time to time), Bihar Nagar Nikay Secondary and Senior
Secondary School Service (Appointment, Promotion, Transfer, Disciplinary
Proceedings and Service Conditions) Rules, 2020, Bihar Panchayat Elementary
School (Appointment and Service Conditions) Rules, 2012 (as amended from time
to time), Bihar Panchayat Primary School Service (Appointment, Promotion,
Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2020, Bihar
Nagar Elementary Teacher (Appointment and Service Conditions) Rules, 2012 (as
amended from time to time) and Bihar Nagar Elementary School Service
(Appointment, Promotion, Transfer, Disciplinary Proceedings and Service
Conditions) Rules, 2020 shall not be eligible to make any claim under any
provision of these Rules except for the specific provisions made for their
appointment in the cadres governed by the State Government under these Rules. (ii)
No new appointment can be made, after the
date of enactment of these Rules, under the Rules specified in Sub-Para (i)
above. (iii)
These Rules shall not be applicable to
Assistant teacher of district cadre and Assistant teacher of Divisional cadre
which have been declared as moribund cadre earlier. (iv)
The Administrative Department may clarify any
provision of these Rules and remove difficulty arising in its implementation.Bihar
State School Teacher (Appointment, Transfer, Disciplinary Proceedings And
Service Conditions) Rules, 2023
In these Rules, unless there is anything repugnant to the subject or context-
There shall be a cadre for School Teacher to be appointed in Government, Government
Basic School, Nationalized and Project Girls School under the control of
Education Department. There shall be different subject-wise cadres for school
teachers, in Basic grade for Primary and Middle Schools, Graduate grade for
Middle Schools, for Secondary Schools and Senior Secondary Schools. These
cadres shall be of District level.
All posts of School Teacher shall be filled by direct appointment.
Essential Qualification for appointment to the post of School Teacher shall be
as follows-
The teachers appointed and working under Panchayati Raj institution and Nagar
Nikay institution shall be eligible to participate in the appointment process
mentioned in Rule 7 for appointment in this cadre. The processes as required in
this regard may be determined separately by the State Government.
Confirmation in service shall be done after satisfactory completion of
Probation period, successful completion of training and verification of
Educational / Training certificates etc.
The provisions contained in the Bihar Government Servants (Classification,
Control and Appeal) Rules, 2005 (as amended from time to time) shall be
applicable to the School teacher appointed under these Rules.
Separate provisions in relation to appointment on compassionate ground of dependents
of such School teacher appointed under these Rules whose death occurs during
the period of service may be notified.
The Regional Deputy Director of Education shall be empowered to decide after
hearing Complaints / Appeals in relation to appointment under these Rules and
Appeals in matters related to service conditions of School teachers working
under these Rules.