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Chhattisgarh Health & Family Welfare And Medical Education Department [Ayurved, Yoga And Naturopathy, Unani, Siddha And Homeopathy (Ayush)] (Gazetted) Service Recruitment Rules, 2022

Chhattisgarh Health & Family Welfare And Medical Education Department [Ayurved, Yoga And Naturopathy, Unani, Siddha And Homeopathy (Ayush)] (Gazetted) Service Recruitment Rules, 2022

Chhattisgarh Health & Family Welfare And Medical Education Department [Ayurved, Yoga And Naturopathy, Unani, Siddha And Homeopathy (Ayush)] (Gazetted) Service Recruitment Rules, 2022

 

[08th June 2023]

In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, the Governor of Chhattisgarh, hereby makes the following rules relating to recruitment to the Chhattisgarh Health & Family Welfare and Medical Education Department [Ayurved, Yoga and Naturopathy, Unani, Siddha and Homeopathy (AYUSH) ] (Gazetted) Service and conditions of service, namely :-

Rule - 1. Short title and commencement

(1)     These rules may be called the Chhattisgarh Health & Family Welfare and Medical Education Department [Ayurved, Yoga and Naturopathy, Unani, Siddha and Homeopathy (AYUSH)] (Gazetted) Service Recruitment rules, 2022.

(2)     It shall come into force from the date of its publication in the Official Gazette.

Rule - 2. Definitions


In these rules, unless the context otherwise requires. :-

(a)      "Appointing Authority" in respect of the Service means the State Government;

(b)      "Government" means the Government of Chhattisgarh;

(c)      "Commission" means Chhattisgarh Public Service Commission;

(d)      "Examination" means a competitive examination held for recruitment conducted under rule 11 of these rules;

(e)      "Committee" means a Selection Committee meant for departmental Promotion or selection as specified in schedule-IV;

(f)       "Governor" means the Governor of the Chhattisgarh state;

(g)      "Schedule" means a Schedule appended to these rules;

(h)     "Schedule Castes" means the Schedule Castes as specified in relation to this State under article 341 of the Constitution of India;

(i)       "Scheduled Tribes" means the Schedule Tribes as specified in relation to this State under article 342 of the Constitution of India;

(j)       "Other Backward Classes" means the Other Backward Classes of citizen as specified by the State Government vide notification number F-8-5-xxv-4-84 date 26th December 1984 and amended from time to time;

(k)      "Service" means the Chhattisgarh Health & Family Welfare and Medical Education Department [Ayurved, Yoga and Naturopathy, Unani, Siddha and Homeopathy (AYUSH) ] (Gazetted) Service;

(l)       "State" means the State of Chhattisgarh;

Rule - 3. Scope and application


Without prejudice to the generality of the provisions contained in the Chhattisgarh Civil Service (General conditions of service) Rules, 1961, these rules shall apply to every member of the service.

Rule - 4. Constitution of the Services


The Services shall consist of the following persons, namely:-

(i)       Persons, who at the commencement of these rules are holding substantively or in an officiating capacity the posts specified in the Schedule-I.

(ii)      Persons, recruited to the service before the commencement of these rules; and

(iii)     Persons, recruited to the service in accordance with the provisions of these rules.

Rule - 5. Classification, Scale of pay etc


The classification of the Service, the number of posts included in the service and the scale of pay attached thereto, shall be in accordance with the provisions contained in Schedule-I.

Provided that the Government may, from time to time add or reduce the number of posts and pay scale included in the service, either on a permanent or temporary basis and shall be deemed as amended in Schedule-I, accordingly.

Rule - 6. Methods of recruitment

(1)     Recruitment to the service, after the commencement of these rules, shall be made by the following methods, namely:-

(a)      By direct recruitment through selection (competitive examination and / or interview).

(b)      By promotion of the members specified in column (2) of schedule-IV to posts specified in column (3) of the said schedule.

(c)      By Transfer / Deputation of persons, who hold-in a substantive or officiating capacity such posts in such services, as may be specified in this behalf.

(2)     The number of persons recruited under clause (a) or clause (b) of sub rule (1) shall not at any time exceed the percentage shown in Schedule-II of the number of duty posts, as specified in Schedule-I.

(3)     Subject to the provisions of these rules, the method or methods of recruitment to be adopted for the purposes of filling any particular post or posts in the service, as may be required to be filled during any particular period of recruitment, and the number of persons to be recruited by each method, shall be determined on each occasion by the Government in consultation with the Commission.

(4)     Notwithstanding anything contained in sub-rule (1), if in the opinion of the Government, the exigencies of the service so require, the Government may adopt such method of recruitment to the service, other than those specified in said sub-rule, as the Government may, by order issued in this behalf, prescribe.

(5)     At the time of recruitment to the provisions of the Chhattisgarh Public Service (Schedule Castes, Schedule Tribes and Other Backward Classes Reservation) Act, 1994 (No. 21 of 1994) and directions (as amended) issued by the General Administration Department from time to time, shall be applicable.

Rule - 7. Appointment to the Service


All appointments to the service after the commencement of these rules shall be made by the Government and no such appointment shall be made except after selection by one of the methods of recruitment specified in Rule 6.

Rule - 8. Conditions of eligibility for direct recruitment


In order to be eligible to compete at the examination /selection, a candidate must satisfy the following conditions, namely:-

(I)      Age:-

(a)      The candidate must have attained the age specified in column (4) of schedule-III and must not have attained the age specified in the column (5) of the said schedule on the first day of January of the year in which the advertisement for the post is published;

(b)      The upper age limit shall be relaxable up to a maximum of 5 years if a candidate belongs to Scheduled Caste, Scheduled Tribe and Other backward class (Non-creamy layer);

(c)      The upper age limit shall also be relaxable up to a maximum of 10 years for women candidates in accordance with Rule-4 of Chhattisgarh Civil Services (Special Provisions for Appointment of Women) Rules, 1997.

(d)      Person with disabilities shall be exempted to the maximum limit of age as per instructions of General Administration Department;

(e)      The upper age limit shall also be relaxable in respect of candidates, who are or have been an employees of Chhattisgarh Government, to the extent and subject to the conditions specified below:-

(i)       A candidate, who is a permanent or temporary Government servant of the Chhattisgarh Government, should not be more than 38 years of age;

(ii)      A candidate, holding a temporary post, including work charged employees, persons getting pay from contingency and person employed in Project Implementation Committee, applies for any other post should not be more than 38 years of age;

(iii)     A candidate, who is a "retrenched Government servant" will be allowed to deduct from his age the period of all temporary services previously rendered by him up to a maximum limit of 7 years even if it represents more than one spell, provided that, the resultant age does not exceed the upper age limit by more than 3 years;

Explanation:- The term "retrenched Government Servant" denotes a person who was in temporary Government Service of this State or of any constituent units for a continuous period of not less than six months and who was discharged because of reduction in establishment not more than three years prior to the date of his registration at any employment exchange or of application made otherwise for employment in Government Service.

(f)       A candidate who is an "ex-serviceman" shall be allowed to deduct from his age the period of all defense service previously rendered by him, provided that, the resultant age does not exceed the upper age limit by more than 3 years.

Explanation:- The term "ex-serviceman" denotes a person who belongs to any of the following categories and who was employed under the Government of India for a continuous period of not less than six months and who was retrenched or declared surplus as a result of the recommendation of the Economy unit or due to normal reduction in establishment not more than threeyears before the date of his registration at any employment exchange or of application made otherwise for employment in Government Service.-

(i)       Ex-servicemen released under mustering out concessions;

(ii)      Ex-servicemen enrolled for the second time and discharged on

(a)      Completion of short term engagement;

(b)      Fulfilling the conditions of enrollment;

(iii)     Such "Ex-serviceman" (Military or Civil) discharged on completion of their contract (including short-service Regular commissioned Officers);

(iv)    Officers discharged after working for more than six months continuously against leave vacancies;

(v)      Ex-serviceman discharged under the ground of disability;

(vi)    Ex-serviceman discharged on the ground that they are unlikely to become efficient soldiers;

(vii)   Ex-serviceman who is medically boarded out on account of gunshot, wounds etc.

(g)      The upper age limit shall be relaxable up to 5 years in respect of superior caste partner of a couple awarded under the Inter-Caste Marriage Incentive Scheme under Untouchablity Eradication Rule, 1984;

(h)     The general upper age limit shall also be relaxable maximum up to 5 years in respect of the Shaheed Rajiv Pandey Award, Gundadhur Award, Maharaja Praveerchand Bhanjdeo Award and National Youth award holder candidates;

(i)       The upper age limit shall be relaxable maximum upto 38 years in respect of candidates who are employees of the Chhattisgarh State Corporations / Boards;

(j)       The upper age limit shall be relaxed in case of Voluntary Home Guards and Non-Commissioned Officers of the Home Guards for the entire period of service rendered by them subject to the limit of 8 years but in no case their age should exceed 38 years;

Note:- The candidates, who are admitted to the examination / selection under the age concessions mentioned in sub-clauses (i) and (ii) of clause (e) shall not be eligible for appointment, if after submitting the application, they resign from service prior to or after examination / selection. They will, however continue to be eligible if they are retrenched from the service or post after submitting the applications.

The age limit shall not be relaxed in any other case. The Departmental candidates have to obtain prior permission of the Appointing authority to appear for examination / selection.

(k)      Having granted age relaxation to any candidate on the basis of above mentioned one or more category, the age for entering into government service shall not exceed 45 years of age under any circumstances;

(l)       In addition to the above, the directions issued, from time to time by the General Administration Department of Government of Chhattisgarh with regard to age limit shall also be applicable;

(II)     Educational Qualifications :- The candidate must possess the educational qualifications and experiences prescribed for the services shown in schedule III.

(III)   (A) Fees :- The Candidate must pay the fees as prescribed by the Commission / Government.

(B) Health Examination Fees:- The candidates, who have been directed to report before the Medical Board, have to pay such fees to the Chairman of the Medical Board prior to the health examination as prescribed by the Government, from time to time.

Rule - 9. Disqualification


Any attempt on the part of candidate to obtain support for his candidature by any means may be held by the Appointing Authority to disqualify the candidate for the examination / selection.

As per Rule-6 of Chhattisgarh Civil Services (General Conditions of Service) Rule, 1961 :-

(I)      No male candidate who has more than one surviving wife and no female candidate who has married with such person who already possesses a surviving wife shall be eligible for the appointment on any service or post:

Provided that, if the Government satisfies to this effect that specific reason bears to such act then such candidate may be granted relaxation with the application of this rule.

(II)     No Candidate shall be appointed to any service or post unless it has been found in Health examinations that the candidate bears no any mental or physical discrepancy which leads to an hindrance in the execution of duty or service or post:

Provided that, in exceptional cases, candidate may be appointed temporarily on any service or post prior to his / her Health Examination under this condition that if he / she has been found later unfit in his / her Health check-up then his/ her service will be terminated immediately.

(III)   A Candidate shall not be eligible for the appointment of any service or post under such circumstances, if after such examination, as deemed necessary, the Appointing Authority satisfies to the fact that he / she is not suitable / fit for that service or post.

(IV)   No candidate shall be eligible for the appointment of any service or post, if he has been convicted to any crime against women:

Provided that, if any such case (s) is / are pending in the court against any such candidate, then his appointment shall be kept pending till the final decision of such case (s).

(V)     No Candidate shall be eligible for the appointment on any service or post, who has married prior to the attainment of such minimum age for marriage.

(VI)   The provisions given in the Chhattisgarh Civil Service (General Conditions of Service) Rules, 1961 and instructions issued by the Government from time to time will be applicable for the disqualification for the candidates;

Rule - 10. Decision of Commission with regard to eligibility of the candidate shall be final

(1)     The decision of the Commission as to the eligibility or non-eligibility of any candidate for selection shall be final and no candidate shall be eligible to appear in the examination or shall be interviewed, who has not been issued an admit card by the Commission for examination or interview.

(2)     At any time of selection process or even after submission of selection list to the Government, if it comes to the notice of the Commission that a candidate has given wrong information or any misinformation is found in the documents submitted by him, then he will be disqualified and his selection shall be terminated by the Commission.

Rule - 11. Direct Recruitment by Selection (Competitive Examination and / or Interview)

(1)     The selection for recruitment to the service shall be conducted at such intervals, as the Government in consultation with Commission, may determine, from time to time.

(2)     The planning of the examination and the syllabus of the examination shall be prescribed by the Commission with the consent of the Government and, if considered necessary, a combined examination may be taken in consultation with the Government for direct recruitment to the service or any other service.

(3)     The method of selection of candidates for the services shall be determined by the commission.

(4)     There shall be posts reserved for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other Backward Classes (Non-Creamy Layer) at the stage of direct recruitment as per the provisions of the Chhattisgarh Public Service (Schedule Castes, Schedule Tribes and Other Backward Classes Reservation) Act, 1994 (No. 21 of 1994) and other provisions related to this.

(5)     Thirty percent posts shall be kept reserved for female candidates as per the provisions of Chhattisgarh Civil Services (Special Provisions for the Appointment of Women) Rules, 1997 and other provisions shall also remain applicable. The said reservation shall be horizontal and compartment wise. Subject to provision of rules, weightage shall be given to widowed or divorced female candidates.

(6)     Apart from the above, the post(s) shall be kept reserved for disabled persons/ ex-servicemen as per the Acts / Rules / Orders / Directions issued by the Government, from time to time.

(7)     While filling up the vacancies so reserved, candidates who are members of the Scheduled Castes, Scheduled Tribes and Other Backward Classes (Non Creamy Layer) shall be considered for appointment in the order in which their names appear in the list referred to in rule 12 irrespective of their relative rank with other candidates.

(8)     Apart from above, in filling up the vacancies so reserved for candidates belonging to Women / Disabled Persons / Ex-servicemen category shall be considered for appointment in the same order in which their names appear in the list referred to in rule 12 irrespective of their relative rank in comparison with other candidates.

(9)     Candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes (NonCreamy Layer) recommended by the Commission to be suitable for appointment to the service with due regard to the maintenance of efficiency of administration may be appointed against the vacancies reserved for the candidates of the Scheduled Castes, Scheduled Tribes and Other Backward Classes, as the case may be as provided under sub-rule (7).

(10)   In such case, where experience of any specific time period for the posts to be filled by Direct Recruitment has been included as a mandatory condition and in the opinion of the Government, it is found that the Candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes (Non-Creamy Layer) with requisite experience may not be available in sufficient number, then the Government may, in consultation with the Commission relax such experience terms / condition for the Scheduled Castes, Schedule Tribes and Other Backward Classes category (Non-Creamy Layer).

Rule - 12. List of candidates selected by the commission

(1)     The Commission shall prepare and forward to the Government a list of selected candidates arranged in the order of merit of the candidates, who have qualified by such standards as may be determined by the Commission and a list of the candidates belonging to the Schedule Castes, Scheduled Tribes and Other Backward Classes, who though have not qualified by that standard, are declared by the Commission to be suitable for appointment to the service, with due regard to the maintenance of efficiency in the administration and the list of candidates of each category belonging to women, persons with disability / ex-servicemen in the order of merit of the candidates who have qualified by such standards due to reservation, the validity of which shall be for a period of one year from the date of sending the list to the Government for appointment.

(2)     The list so prepared under sub-rule (1) shall also be published on the website of the Commission for general public information.

(3)     A Waiting List shall also be prepared for the categories for which Selection List has been prepared by the Commission. Such Waiting List shall contain a minimum of one name and maximum names upto 25% of the number of vacant posts in the respective category. The validity of such a list for appointment shall be one and half year from the date of dispatch of Selection List to the Government.

Explanation :- For the computation of 25% of vacant post for a category the decimal number so obtained shall be rounded up to the next whole number.

(4)     The Commission shall forward the Selection List and Waiting list prepared under sub-rule (1) and (3) to the Government for prior action regarding appointment, however no appointment shall be made from waiting list without the consent of commission.

(5)     Subject to the provisions of these rules and the Chhattisgarh Civil Services (General Conditions of Service) Rules, 1961, the candidates shall be considered for appointment to the available vacancies in the order in which their names appear in the Selection List according to sub-rule (1).

(6)     The inclusion of a candidates name in the list confers no right to appointment unless the Appointing Authority is satisfied, after such enquiry as may be considered necessary that the candidate is suitable in all respects for appointment to the service.

(7)     If any candidate, whose name is included in the Selection List within the valid period of the said List does not report for joining, resigns, dies or is not found suitable for appointment due to any reason, the Commission may consider recommending the names of candidates included in the Waiting List for appointment.

(8)     If a request with due reasons is received from the Government for an appointment from the Waiting List, then in the context of the above said provisions, the Commission shall recommend the names of such candidate(s) for appointment.

(9)     If the Government proposes with due reasons, the validation period of Selection List may be extended by the Commission upto maximum of six months.

(10)   With the increase in validity period of the main list by six months, the validity period of waiting list shall be considered automatically extended by six months.

(11)   The Commission shall not consider extending the validation period of the Selection List under subrule (9) unless the Government proposes to do so with due reasons.

Rule - 13. Probation

(1)     Each person selected by direct recruitment to the service shall be appointed on probation for a period of two years.

(2)     If the Government so considers suitable, the duration of probation period may be extended for another one year.

(3)     The Government may terminate any person under probation at any time during probation period or during extended probation period or at its end if in his opinion there is no possibility of such person (s) to become suitable officer (s).

Rule - 14. Appointment by Promotion

(1)     A Committee consisting of the members mentioned in column (5) of Schedule-IV shall be constituted for making a preliminary selection for promotion of eligible candidates :

Provided that, the provision of Section 8 of Chhattisgarh Public Service (Schedule Castes, Schedule Tribes and Other Backward Classes Reservation) Act, 1994 (No. 21 of 1994) shall also be applicable for the purpose of constitution of Committee under this subrule.

(2)     The Committee shall generally conduct its meeting atleast once in each calendar year.

(3)     All the Promotions shall be made in accordance with the provisions of Chhattisgarh Public Service (Promotion) Rules, 2003.

(4)     The procedure for granting promotion against vacancies shall be as per the rules mentioned in sub-rule (3) and directions by the General Administration Department of the Government in this context, from time to time.

(5)     Certification by Appointing Authority - The Appointing Authority on each promotion order shall endorse a certificate that it has complied with the provisions of Chhattisgarh Public Service (Schedule Castes, Schedule Tribes and Other Backward Classes Reservation) Act, 1994 (No. 21 of 1994) and Chhattisgarh Public Service (Promotion) Rules, 2003 and the instructions made and issued by the State Government considering the provisions of above mentioned Acts and Rules and that it has taken full cognizance of the provision of sub-section (1) of Section 6 of the Act.

Rule - 15. Conditions regarding eligibility for promotion

(1)     Subject to the provisions of sub-rule (2), the Committee shall consider the cases of all persons who on first day of January of that year had completed such number of years of service (whether officiating or substantive) in the posts from which promotion is to be made as specified in column (2) of Schedule-IV or on any other post or posts declared equivalent thereto by the Government as specified in column (4) and possesses required qualification if any as specified in column (5) of Schedule-IV and are within the zone of consideration in accordance with the provisions of sub-rule (2).

Explanation - Method of computation for eligibility for promotion - The calculation of the period of qualifying service on the 1st January of the relevant year in which Departmental Promotion Committee / Scrutiny Committee is convened, shall be counted from the calendar year in which public servant has joined the feeder cadre / part of service / pay scale of the post and not from the date of joining of the cadre/ part of service / pay scale of the post.

(2)     (i) In such cases where promotion is to be given on seniority cum fitness basis or on seniority basis leaving unsuitable candidate, there will be no grounds for consideration for all categories. Proposals of such number of public servants shall only be considered as per seniority that shall be sufficient for filling the existing posts in each category and number of expected vacant posts due to retirement / promotion during one year.

(ii) In such cases where promotion is to be made on merit cum seniority basis, the area for consideration shall be four more than two times of the total vacant posts. If the sufficient number of Scheduled Castes and Scheduled Tribes Government Servants are not available for promotion then the area of consideration may extend upto 7 times of the total vacant posts and filling up of reserved post may be made from the persons belonging to reserved category for the above mentioned area of consideration. Committee shall consider to fill the vacancies existing under each category in said area of consideration and the anticipated vacancies on account of retirement and promotion in the course of one year.

(3)     The name of public servant in requisite number for each cadre shall be considered for the purpose of inclusion of his name upto 25 percent of number of public servants included in the selection list or to that of two public servants, whichever is more to fill the unexpected vacancies during above said duration apart from expected vacancies under sub-rule (2).

(4)     Promotion shall be made as per Reservation Roster prescribed by the Government.

(5)     Other Provisions of the Chhattisgarh Public Service (Promotion) Rules, 2003 and the order issued by the General Administration Department from time to time shall be applicable for promotion.

Rule - 16. Preparation of list of suitable candidates

(1)     The Committee shall prepare a list of such persons who satisfy the conditions prescribed in rule 15 and are held suitable by committee for promotion to the service. Only those number of names shall be included in the list, which are expected as vacant post due to retirement and promotion in the same year. Apart from this, a reserved list shall be prepared to fulfill the unexpected vacant posts arising in the said period, where from each cadre / category a minimum of one and a maximum of 25% of vacant posts shall exist.

(2)     The list of suitable officers shall be prepared as per the provisions of Chhattisgarh Public Service (Promotion) Rules, 2003 and amendments made there in.

Rule - 17. Consultation with the Commission

(1)     The list so prepared as per rule 16 shall be forwarded to the Commission by the Government along with the following :-

(i)       Records of all the persons included in the list.

(ii)      Opinion of the Committee on the basis of records.

(iii)     Views of Government on the opinion of Committee.

(2)     If the Chairman of the Commission or any member of the Commission nominated by the Chairman / Commission is present in the meeting of Promotion Committee as a Chairman / Chairperson and signatures of approval of members including Chairman of the Committee exist on the proceeding report of the meeting then the actions under sub-rule (1) shall not be necessary and it shall be deemed that the requirement regarding consultation with commission under sub-clause (b) of clause (3) of Article 320 of the Constitution of India has been complied with.

Rule - 18. Selection List

(1)     The Commission shall consider the list so prepared by the Committee along with other documents received from the Government and give its approval if no amendment is considered necessary.

(2)     If the Commission considers it necessary to make any amendments in the list received from the Government, then it shall intimate the Government with regard to the proposed amendments and then considering the views, if any, given by the Government, the Commission shall give its approval to the List along with such amendments made, if any, which in its opinion is just and suitable.

(3)     The list finally approved by the Commission shall be the Selection list for promotion of member of service from the post mentioned in column (2) of Schedule-IV to the posts mentioned in column (3) of the said Schedule.

(4)     The validation period of the said Selection List shall only be upto 31st December of that calendar year.

Rule - 19. Appointment to service from the Selection List

(1)     The appointments of the officers included in the selection list to the posts borne on the cadre of the service shall follow the same order in which the names of such officers appear in the selection list.

(2)     It shall not ordinarily be necessary to consult the Commission before appointment of a person whose name is included in the Selection List to the service unless during the period intervening between the inclusion of his name in the Selection List and the date of his proposed appointment, there occurs any deterioration in his work, which in the opinion of the Government is such as to render him unsuitable for appointment to the service.

Rule - 20. Probation


Every person posted from promotion in service shall be appointed on Probation for a period of two years.

Rule - 21. Interpretation


If any question arises relating to the interpretation of these rules, it shall be referred to Government, whose decision thereon shall be final.

Rule - 22. Relaxation


Nothing contained in these rules shall be construed to limit or abridge the power of the Governor to deal with the case of any person to whom these rules may apply, in such manner as may appear to it to be just and proper :

Provided that, the case shall not be dealt with, in any manner less favorable to him than that provided in these rules.

Rule - 23. Repeal and Saving

(1)     All rules corresponding to these rules and in force immediately before the commencement of these rules, are, hereby, repealed in respect of matters covered by these rules :

Provided that, any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.

(2)     Nothing contained in these rules shall affect reservation and other conditions required to be provided for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in accordance with the orders issued by the State Government, from time to time, in this regard.