In exercise of the powers conferred by the
proviso to Article 309 of the Constitution of India, the Governor of Madhya
Pradesh, hereby, makes the following rules relating to recruitment of
Government (Autonomous) AYUSH Mahavidyalaya and Chikitsalaya non-teaching
services, namely:- (a)
These
rules may be called the Government (Autonomous) AYUSH Mahavidyalaya and
Chikitsalaya (Non-teaching) Services Recruitment Rules, 2018. (b)
These
rules shall come in to force with effect from the date of their publication in
the Madhya Pradesh Gazette. In these rules, unless the context otherwise
requires,- (a)
"Appointing
Authority" in respect of the services, means Principal and Chief Execution
Officer (CEO) of related autonomous Government, AYUSH Mahavidhyalaya and
Chikitsalaya; (b)
"Autonomous
Institution" means any Government AYUSH Mahavidyalaya and affiliated
chikitsalaya, registered as an autonomous Institutions under "Madhya
Pradesh firms and societies Act, 1973"; (c)
"Commissioner/Director"
means Commissioner/Director AYUSH Madhya Pradesh; (d)
"Departmental
Promotion Committee" means the departmental promotion committee mentioned
in schedule - IV for recruitment through promotion in AYUSH Mahavidyalaya under
these rules; (e)
"Examination"
means a competitive examination for recruitment to the service held under Rule
-11 of these rules; (f)
"Government"
means Government of Madhya Pradesh; (g)
"Other
Backward Classes" means the Citizens of other backward classes specified
from time to time by the state Government as amended by notification; (h)
"Schedule"
means a schedules appended to these rules; (i)
"Schedule
Castes" means any caste, race or tribe or part of, or group within a
caste, race or tribe specified as schedule caste with respect to the state of
Madhya Pradesh under Article 341 of the constitution of India; (j)
"Schedule
Tribe" means any caste, race, or tribe or part of, or group within a
caste, race or tribe specified as schedule tribe, with respect to the state of
Madhya Pradesh under Article 342 of the constitution of India; (k)
"Selection
Committee" means one or more selection committees formed in AYUSH
Mahavidyalaya as per the provision mentioned in schedule - III for direct
recruitment under these rules; (l)
"Services"
means all these posts whose recruitment has been made/or to be made under the
provision of these rules; (m)
"State"
means state of Madhya Pradesh; Without prejudice to the generality of the
provisions contained in the Madhya Pradesh Civil Services (General Conditions
of Service) Rules, 1961, these rules shall apply to every member of the
service. The service shall consist of the following
persons, namely:- (1)
Those
persons who at the commencement of these rules are holding substantively or
permanently the posts specified in schedule - I being appointed by the
appointing authority of any Government autonomous AYUSH Mahavidyalaya. (2)
Persons
recruited to the service by the time being rules of AYUSH department,
Government of Madhya Pradesh and merged in the autonomous services after the
autonomy of the colleges before commencement of these rules, and (3)
Persons
recruited to the service in accordance with the provisions of these rules. The classification of service, scale of pay
and the number of posts included in the service shall be in accordance with the
provisions contained in schedule-1 attached thereto: Provided that the Government may from time to
time add to or reduce the number of posts included in the service either on a
permanent or temporary basis. (1)
The
Recruitment to the service, shall be made by following methods, namely:- (a)
By
direct recruitment through competitive examination/selection: The posts
included in schedule-I of the rules, shall be filled through Madhya Pradesh
Public Service Commission and Class-III and Class-IV Posts shall be filled the
Professional Examination Board. (b)
By
promotion of the members of the service (as shown in schedule-IV). (c)
By
transfer of persons who hold in a substantive capacity, such posts in such
services as may be specified in this behalf. (2)
The
number of persons recruited under clause (b) or clause (c) of sub rule (1)
shall not at any time exceed the percentage shown in schedule - II or the
number of duty posts, as Specified in Schedule I. (3)
Subject
to the Provision of these rules, the method or methods of recruitment to be
adopted for the purposes of filling any particular vacancy or vacancies 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. (4)
Subject
to the Provision of these rules, depending on, requirements, services may be
given on deputation in other institutions: Provided that lien of these individuals shall
remain with the original employer institution. (5)
Notwithstanding
anything contained in sub-rule (1), if in the opinion of the Government, the
exigencies of the service so requires, the Government may adopt such methods of
recruitment of the service other than those specified in said sub-rule, as it
may prescribe by order issued in this behalf. All appointments to the service after the
commencement of these rules shall be made by the appointing authority of
autonomous Institutions and such appointment shall be made only after selection
by any one of the methods of recruitment specified in the rule 6, otherwise
not. In order to be eligible to be selected/to
appear in the examination, a candidate must satisfy the following conditions,
namely:- (1)
Age:- (a)
He
must have attained the age specified in column (4) of schedule-Ill and not
attained the age specified in column (5) of the said schedule on the first day
of January next following the date of commencement of the selection. (b)
The
upper age limit shall not be relaxable exceeding a maximum of 45 years in
respect of a candidate who is holding a post temporarily and applying for
another post. This concession shall also be admissible to work charged
employees, contingency paid employees and persons employed in the project
implementing committees. (c)
A
candidate, who is a retrenched Government servant shall be allowed to deduct
from his age the period of all temporary service previously rendered by him up
to a maximum limit of seven years even if it represents the total of more than
one spell of service provided that the resultant age does not exceed the upper
age limit by more than 3 years. Explanation:- The term "retrenched
Government Servant" denote a person who was in temporary Government
service of this state or in any of the constituent units for 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 the employment exchange or of application made otherwise for employment in
Government service. (d)
A
candidate, who is an ex-serviceman shall be allowed to deduct from his age the
period of complete 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 belonged 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 as a result of the
recommendation of the Economy Unit or due to general reduction in the
establishment or declared surplus, not more than maximum period of three years
before the date of his registration at any employment exchange or of
application made otherwise for employment in Government Service:- (i)
Ex-
Serviceman released under mustering out concessions. (ii)
Ex-
Serviceman enrolled for the second time and discharged on:- (a)
Completion
of short term engagement. (b)
Fulfilling
the conditions of enrollment. (iii)
Ex-
Personnel of Madras Civil Unit. (iv)
Officers
(Military and Civil) discharged on completion of their contract (including
short service regular commissioned officers.) (v)
Officers
discharged after working for more than six months continuously against leave
vacancies. (vi)
Ex-service
man invalidated out of service. (vii)
Ex-Serviceman
discharged on the ground that they are unlikely to become efficient soldiers. (viii)
Ex-
Serviceman who are medically boarded out on account of gun-shot wounds etc. (ix)
Couples
felicitated under schedule caste, Schedule Tribe and other Backward Classes
inter-caste marriage scheme shall be allowed five year relaxation in upper age
limit. (x)
Five
years relaxation in upper age limit shall be admissible to the sports man
received "Vikram Award." (xi)
The
upper age limit shall be relaxed in case of Voluntary Home Guards and non-
commissioned officers of the home guards for the period of services rendered so
by them subject to the limit of eight years but in no case their age should
exceed 45 years. Note.- (i)
Candidates
who are admitted to the examination under the age concessions mentioned in
sub-rule (1) (b) above shall not be eligible for appointment if after
submitting the application, they resign from the service either before or after
selection, they will however continue to be eligible if they are retrenched
from the service or posts after submitting the applications. (ii)
The
candidates belonging to other government Departmental shall be required to
obtain prior permission form the appointing authority to appear for selection. (2)
Educational
Qualifications:- Candidate must possess the educational, professional
qualifications and experience as prescribed for the service as shown in the
column (6) of schedule-111. (3)
Fees-
The candidate must have to pay the fees prescribed by the appointing
authorities/MP Public Service commission/Professional examination board. (1)
Any
attempt on the part of the candidate to obtain support for his candidature by
any means may be held by the Appointing Authority to disqualify him for
selection. (2)
No
candidate who has more than two children after 26th January 2001, shall be
eligible for appointment on any post of service: Provided that any candidate who has one child
and has got the next birth of two or more children together through a delivery
on or after 26th January 2001, shall not be held ineligible on this ground. (3)
No
Candidate who has been held victim of any crime against women shall be eligible
for appointment on any post of the service: Provided that if there is any such case
running against any of the candidates in the court, then in such case his/her
appointment shall be kept on pending till the final decision, of court in.
context to his/her criminal case. (4)
No
male candidate who has more than one wives alive, and no female candidate who
has married to such person who has already a wife alive shall be eligible for
appointment on any post of service. The decision of the Competent Authority
regarding the eligibility or otherwise of a candidate for selection shall be
final and a candidate to whom a certificate of admission has not been issued by
the Competent Authority shall not be eligible for the appointment. (1)
A
competitive examination for recruitment to the service shall be held by the
appointing authority at such intervals as the appointing authority may from
time to time determine. (2)
The
selection of the candidates shall be done by the appointing authority as
decided by Competent Authority from time to time for the posts included in the
services. (3)
16
percent, 20 percent and 14 percent vacancies shall be kept reserved out of the
vacancies available for direct recruitment for the candidates belonging to
schedule caste, schedule tribe and other backward classes respectively. . (4)
Keeping
in view maintaining the competence of the administration, the candidates of
Schedule Castes, Schedule Tribes and Other Backward Classes selected by the
appointing authority may be appointed on the vacancies reserved under sub-rule
(3) for Schedule Castes, Schedule Tribes or Other Backward Classes as the case
may be. (5)
In
case of non-availability of eligible candidates belonging to Scheduled Castes,
Scheduled Tribes and Other Backward Classes the vacancies shall not be filled
by other categories of candidate without permission of the State Government and
shall not be unreserved for the candidate through any means other than for whom
the reservation has been made for the post or posts. (1)
The
appointing authority/selection committee shall prepare a list arranged in order
of merit of the candidates who have qualified by such standards as the
appointing authority may determine and of the candidates belonging to the
Schedule Castes, Schedule Tribes and Other Backward Classes who though not
qualified by the standard, are selected by the appointing authority to be
suitable for appointment to the service with due regard to the maintenance of
efficiency of administration. The list shall also be published for general
information. (2)
Subject
to the provision of these rules and of the Madhya Pradesh Civil Services
(General Conditions of Service) Rules, 1961, candidates shall be considered for
appointment to the available vacancies in the order in which their names appear
in the list. (3)
The
inclusion of a candidate's name in the list confers no right to appointment
unless the Government is satisfied after such enquiry as considered necessary
that the candidate is eligible in all respects for appointment to the service. (1)
There
shall be constituted a Departmental Promotion committee consisting of the
members mentioned in the Schedule-IV for making selection for promotion of
eligible candidates. (2)
The
committee shall meet at intervals ordinarily not exceeding one year. (3)
Procedure
for making promotion in the vacancies of promotion quota shall be in accordance
with the instructions issued by general administration department from time to
time. (1)
Subject
to the provision of sub-rule (2) the departmental promotion committee shall
consider the cases of all persons who on the 1st day of January of that year
had completed prescribed number of years of service as mentioned in column (4)
of the schedule IV for the post mentioned in column (2) of the said schedule or
in any other post/posts declared equivalent thereto by the Government and
fulfill other conditions mentioned therein and are within the zone of
consideration as per sub rule (2): Provided that no junior person shall be
considered for selection grade/promotion in preference to the person senior to
him only on the basis of his completing the prescribed years of service. (2)
The
number of officers/employees to be included in the selection list shall be in
accordance with orders/instructions issued by General Administration Department
in due course: Provided that if the required numbers of
suitable officers are not available in the field so determined the field may be
enlarged to the extent considered necessary by mentioning the reasons in
writing. (1)
The
Committee shall prepare a list of such persons who satisfy the conditions
prescribed in rule 14 above and held by the committee to be suitable for
promotion to the service. This list shall be sufficient to cover the
anticipated vacancies on account of retirement and promotions during the course
of one year from the date of preparation of the select list. A reserve list
consisting of 25% of the number of persons included in the said list shall also
be prepared to meet the unforeseen vacancies occurring during the course of the
aforesaid period. (2)
The
selection for inclusion in such list shall be based on merit and suitability in
all respect with due regard to seniority. (3)
The
names of the candidates included in the list shall be arranged in order of
seniority in the posts as specified in column (2) of schedule - IV at the time
of preparation of each select list. Explanation:- A person whose name is included
in a select list but who is not promoted during the validity of the list shall
have no claim to seniority over those considered in a subsequent selection
merely by the fact of his earlier selection. (4)
The
list so prepared shall remain ordinarily valid for one year. (5)
If
in the process of selection, review or revision, it is proposed to supersede
any member of the service, the committee shall record its reason for the
proposed supersession. (1)
The
list thus prepared under Rule 15, as finally approved by the Competent
Authority shall be the selection list for promotion of the members of service
in the posts shown in column (2) of Schedule-IV to the posts shown in column
(3) of the said Schedule to fill up the unexpected vacancies created thereby. (2)
The
selection list shall remain in force after the approval of the Competent
Authority for a period of one year. Its validity may extended beyond a total
period of 18 months from the date of its preparation: Provided that in the event of grave lapse in
the conduct or performance of duties in the part of any persons included in the
selection list a special review of the selection list may be made at the
instance of the Government if it thinks fit, may remove the name of such person
from the selection list. (1)
Appointment
of the candidates included in the selection list to posts borne on the cadre of
the service shall follow the order in which the names of such candidates appear
in the selection list. (2)
It
shall not ordinarily be necessary to consult the Government 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 the 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. Every person directly recruited to the
service shall be appointed on probation for a period of two years. The reservation shall be applicable as per
the provisions made in the prevailing rules of Government both for direct
recruitment and promotion. Nothing in these rules shall affect reservation and
other conditions required to be provided for the Schedule Castes, Schedule
Tribes and Other Backward Classes in accordance with orders issued by the State
Government from time to time in this regard. If any employee dies during service, the
compassionate appointment shall be given to any one of the dependents of the
employee, as per the prevailing Government rules. The kramonnati/time pay scale shall be given
to the officers/employees as per the prevailing Government rules. If any question arises relating to the
interpretation of these rules, it shall be referred to Government whose
decision thereon shall be final. (1)
All
rules corresponding to these rules and in force immediately before their
commencement are, hereby, repealed in respect of matters covered by these
rules: Provided that any order made or action taken
under these rules so repealed shall be deemed to have made or taken under the
corresponding provision of these rules. (2)
Nothing
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 apply in such manner as
may appear to it to be just and equitable.GOVERNMENT
(AUTONOMOUS) AYUSH MAHAVIDYALAYA AND CHIKITSALAYA (NON-TEACHING) SERVICES
RECRUITMENT RULES, 2018
PREAMBLE