Madhya Pradesh Medical Education (Gazetted) Service Recruitment Rules, 2023

 

[20th April 2023]

In exercise of the powers conferred by the proviso to article 309 of the Constitution of India and in supersession of this department's notification No. 2202-XVII-Med-II dated 12th May, 1988, the Governor of Madhya Pradesh, hereby, makes the following rules relating to the recruitment to the Madhya Pradesh Medical Education (Gazetted) Service, namely: -

Rule - 1. Short title and commencement

(1)     These rules may be called the Madhya Pradesh Medical Education (Gazetted) Service Recruitment Rules, 2023.

(2)     They shall come into force from the date of their publication in the "Madhya Pradesh Gazette".

Rule - 2. Definitions

In these rules, unless the context otherwise requires, -

(a)      "Appointing Authority in relation to service or post means the Government or such officer empowered to make an appointment to this services or post;

(b)      "Commission" means the Madhya Pradesh Public Service Commission;

(c)      "Commissioner" means the Commissioner, Medical Education, Madhya Pradesh;

(d)      "Committee" means the Selection Committee / Departmental Promotion Committee / Scrutiny Committee;

(e)      "Economically Weaker Section" means the as per direction given in circular of General Administration Department dated 02nd July, 2019,18th July, 2019 and 22nd November, 2019 and as per amended provisions made from time to time;

(f)       "Examination" means competitive examination which is conducted to make recruitment under rule 11 of these rules;

(g)      "Government" means the Government of Madhya Pradesh;

(h)     "Governor" means the Governor of Madhya Pradesh;

(i)       "Other Backward Classes" means the Other Backward Classes of citizens as specified by the State Government vide Notification No. F-8-5-XXV-4-84, dated 26th December, 1984, as amended from time to time;

(j)       "Prescribed agency" means an agency under Government of Madhya Pradesh, through which the competitive examination is conducted;

(k)      "Reservation to Ex-service man, persons with disability, women mean which shall be as per circulars issued and notification as amended from time to time by General Administration Department;

(l)       "Schedule" means Schedule appended to these rules;

(m)    "Scheduled Castes" means any caste, race or tribe or part of or group within a caste, race or tribe specified as Scheduled Castes with respect to the State of Madhya Pradesh under Article 341 of the Constitution of India;

(n)     "Scheduled Tribes" means anytribe or tribal community or part of or group within a tribe or tribal community specified as Scheduled Tribes with respect to the State of Madhya Pradesh under Article 342 of the Constitution of India;

(o)      "Service" means the Madhya Pradesh Medical Education (Gazetted) Service.

Rule - 3. Scope and Application

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

Rule - 4. Constitution of the Service

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

(a)      person who, at the time of commencement of these rules, are holding any post as specified in schedule-I substantively or in officiating capacity; and

(b)      persons, recruited to the service in accordance with the Madhya Pradesh Medical Education (Gazetted) Service Recruitment Rules, 2023.

Rule - 5. Classification, Pay Scales etc

(1)     The classification of the service, pay scale and the number of posts included in the service shall be in accordance with the provisions contained in Schedule-I "A", Schedule-I "B", Schedule-I "C", Schedule-I "D", Schedule-I "E":

Provided that the Government may, from time to time, add or reduce the. number of posts included in the Service , either on a permanent or temporary basis.

(2)     Any of the members of the service shall not be eligible for any compensation in case of the result of any structural change in the service or not filling up any vacant post in cadre by the Government or to be held deferred,

Rule - 6. Method 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 interview or competitive examination or by both;

(b)      by promotion of the members of the service.

(2)     Posts of promotion may be filled adopting direct recruitment method by 5 years from the date of publication of these rules in the Gazette, but in this case promotion roster shall be applicable for these posts.

(3)     In case of non-promotion due to any legal hurdle and nonavailability of the suitable candidates for promotion, the promotion posts may be filled by direct recruitment but in such a situation the promotion roaster shall be applicable for the promotion.

(4)     The medical teachers working in the autonomous/Government Medical Colleges shall be given advantage of their experience in direct recruitment on the post of Associate Professor and Professor.

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

(6)     Subject to the provisions of the Madhya Pradesh Medical Education (Gazetted) Service Recruitment Rules, 2023 the method or methods to be adopted for the purpose of filling any specific vacancy or vacancies in the service as may be required during any particular period of recruitment and the number of persons to be recruited by each method on each occasion shall be determined by the State Government.

(7)     Notwithstanding anything contained in sub-rule (1), if in the opinion of the Government, the exigencies of the service so requires, then the Government may, with the prior approval of the Department of Personnel Administrative Improvement and training, adopt such method of recruitment to the service other than those specified in the said sub-rule which may be prescribed by an order issued on this behalf.

Rule - 7. Appointment in service

All appointments to the service after coming these rules into force shall be made by the Appointing Authority and no such appointment shall be made except after selection by one of the methods of recruitment specified under rule 6.

Rule – 8. Conditions of eligibility for direct recruitment

In order to be eligible for direct recruitment,/ participation in competitive examination, a candidate must fulfil the following conditions, namely: -

(1)     Age- The minimum age, maximum age and relaxation in maximum age limit shall be that as may determined by the State Government as per the circular issued by the General Administration Department, from time to time.

(2)     Educational Qualifications- The candidate must have such educational qualifications and other qualifications to the service as has been shown in Scheduler-III.

(3)     Fees- The candidate shall have to pay the fees as revised by the Appointing Authority/ Commission/ Government from time to time.

Rule - 9. Disqualification

(1)     Any attempt on the part of a candidate to obtain support for his candidature by any means may be held him disqualify for appearing in the examination/selection by the Appointing Authority/Commission/State Government.

(2)     Any candidate, who got married before the prescribed minimum age for marriage, shall be disqualified for appointment in the service or post.

(3)     Any candidate who has more than two living children, one of them was born on or after January 26, 2001, shall be disqualified for appointment to the service or post, provided that the second child is not twin.

(4)     Any candidate who has been convicted for any offence against woman shall be disqualified for appointment in the service:

Provided that if criminal proceedings against any person are pending in a court, his appointment shall keep on hold until disposal of the criminal proceedings.

(5)     Any male candidate, having more than one living wife and any female candidate who married to a person, who already has a living wife, shall be disqualified for the service.

(6)     Any other reason, as may be prescribed by the State Government.

Rule - 10. Decision of the Commission regarding eligibility to be final

The decision of the Commission regarding the eligibility or ineligibility of a candidate for admission to examination shall be final and. the candidate who has not been issued admit card shall not be interviewed/ shall not be admitted to the examination.

Rule - 11. Direct recruitinent by Selection/ Competitive Examination

(1)     An examination for direct recruitment to the service shall be held by the Commission in accordance with the orders as the State Government, from time to time, may issue.

(2)     If the Government decides to make direct recruitment by interview, then any authority under the Government or the Commission may make direct recruitment by selection.

(3)     For direct recruitment, as per the provisions of the Madhya Pradesh Public Service (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Rules, 1998, the post for the candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes shall be kept reserve as per the instructions issued from time to time by the State Government. Out of the available vacancies, the posts shall also be reserved for women candidates in accordance with the provisions of the Madhya Pradesh Civil Services (Special Provisions for Appointment of Women) Rules, 1997.

(4)     While filling vacancies so reserved, candidates who are members of the Scheduled Castes, Scheduled Tribes, Other Backward Classes and Economically Weaker Section shall be considered for appointment in the order in which their names appear in the list referred to in rule 12 whether their relative rank may differ.

(5)     If sufficient numbers of candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes are not available for filling all the vacancies reserved for them, the remaining vacancies shall not be filled by other candidates in arty way.

(6)     The provisions for reservation for Ex-serviceman and physically challenged persons shall be horizontal and compartment-wise by the Government.

(7)     As per the provisions issued by the General Administration Department wide circular No.F-07-ll/2019/A.Pr/I dated 2nd July 2019, 10% posts of the number of posts required to be made direct recruitment, shall be reserved for Economically Weaker Section.

Rule - 12. List of candidates recommended by the Commission

(1)     The commission shall forward to the Government a list arranged in order of merit of candidates who have qualified by such standards as fixed by it and of the candidates who belong to Scheduled Castes, Scheduled Tribes, Other Backward Classes and Economically Weaker Section who though not qualified by that standard, but are declared by the Commission to be suitable for the 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 provisions of these rules and the Madhya Pradesh Civil Service (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)     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 by all nieans.

(4)     The selection list issued by the Commission shall be valid for one year from the date of issuance and which may be extended for a period of 6 months with consent of the Commission.

Rule - 13. Probation

Every person recruited to the service shall be appointed on probation for two years.

Rule - 14. Appointment by Promotion

(1)     A promotion committee, for promotion of eligible candidates, shall be constituted consisting of the members as mentioned in Schedule IV.

(2)     As per the directions issued by the General Administration Department from time to time, the Committee shall consider the cases of all persons mentioned in Schedule-IV.

(3)     The Committee shall hold its meeting at such intervals as the Appointing Authority may direct, but the Committee shall ordinarily hold its meeting at least twice in a year.

(4)     Subject to the provisions of sub-rule (5), the Committee shall consider the cases of all persons who, on the 1st day of January of that year, to the posts to which promotion is to be made has completed such number of years of service (whether officiating or substantially) as specified in column (2) of Schedule-IV and falling within the zone of consideration in accordance with the provisions of sub-rule (2):

Provided that in calculation of the service of the officers released from the emergency commission and short service commission, shall be made from their appointment to the service on date on which they are considered appointed in the service according to the General Administration Departments memorandum number 2266/1987/1(33) 67 dated October 21, 1967:

Provided further that, no junior person shall be considered for promotion to the upper grades only on the basis of his completion of the prescribed period of service before the person senior to him:

(5)     The zone of consideration for selection shall be limited to seven times the number of officers to be included in the selection list ordinarily in respect of posts to be filled on the basis of merit and seniority and the number of officers to be included in the selection list shall ordinarily be limited to five times in respect of posts to be filled on the basis of seniority and merit:

Provided that that if suitable number of officers are not available in the zone so determined, then that zone may be increased to the extent deemed necessary by the committee, mentioning the reasons in writing.

(6)     Every Appointing Authority shall endorse, on the order of promotion to be made by him, a certificate to the effect that he has complied with the provisions of the Madhya Pradesh Public Service (Reservation for Scheduled Castes, Scheduled Tribes and Backward Classes) Act, 1994 (No. 21 of 1994)) and the rules issued by the General Administration Department from time to time.

Rule - 15. Preparation of List of Appropriate Officers

(1)     The Committee shall prepare a list of persons who, satisfy the conditions laid down in rule 14 above, and whom the Committee may consider suitable for promotion to the service. The list shall be sufficient for filling the provable vacancies arising due to retirement and promotion during one year from the date of its preparation. A reserve list of twenty five percent of the number of the persons included in the said list shall be prepared to fill the unsolicited vacancies arising during the said period.

(2)     The selection for inclusion of name in such list shall be based on merit and suitability in all respects with due regard to seniority.

(3)     The names of the officers to be included in the list shall be arranged in the order of seniority in the service in posts as specified in column (2) of Schedule-IV:

Provided that a junior officer who, in the opinion of the Committee, is particularly fit and suitable, may be given a higher position in the list than the officers senior to him.

Explanation- A person whose name is included in the select list but who is not promoted during the validity of the list cannot claim seniority over the persons considered in the subsequent selection only by the fact of his earlier selection.

(4)     The list so prepared shall be reviewed and re-examined every year.

(5)     If during such selection, review or revision it is proposed that a member be superseded, the committee shall record its reasons in writing regarding the proposed supersession.

Rule - 16. Consultation with the Commission

In respect of the recommendation, made by the Departmental Promotion Committee which has. been presided over by any member of. the Commission, it shall be deemed that the requirements relating to consultation with the member of the Commission under sub-clause (b) of clause (3) of Article 320 of the Constitution of India is complied with and separate consultation with the commission shall not be necessary.

Rule - 17. Select List

(1)     The list, finally approved by the State Government, shall be the select list of members to the Service for promotion from the post mentioned in column (2) of Schedule-IV to the post mentioned in column (3) of Schedule-IV.

(2)     The select list shall ordinarily remain in force until it is reviewed or revised in accordance with sub-rule (4) of rule 15 but its validity shall not be extended beyond 18 months from the date of preparation of such list:

Provided that in the event of a serious lapse in the performance or performance of duty on the part of any person included in the select list, a special review of the select list may be done at the behest of the Commission thinks fit and the name of such persons may be removed from the select list.

Rule - 18. Appointment to the Service from the Select List

(1)     The appointments of the officers included in the select list to the posts of the service cadre shall be made in the order in which the names of such officers appear in the select list:

Provided that if the State Government is satisfied that the vacancy will probably not be for a period exceeding three months, then having regard to administrative requirements, any person whose name is not in the select list or the next name in the order of the select list, may be appointed in the service.

(2)     It. shall not ordinarily be necessary to consult the Commission before appointment of a person whose name is included in the select list of the service, unless the period between the inclusion of his name in the select list and the date of the proposed appointment, such defect should not arise in his work which, in the opinion of the State Government, renders him unfit for service appointment.

Rule - 19. Interpretation

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

Rule - 20. Relaxation

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

Provided that no case shall be disposed of in a manner less favorable to him than that provided in these rules.

Rule - 21. Saving

Nothing in these rules shall affect the reservation and other conditions required to be made available to the Scheduled Castes and the Scheduled Tribes in accordance with the orders issued by the State Government from time to time in this regard.

Rule - 22. Repeal and Saving

All rules corresponding to these rules and in force immediately before their commencement and the Madhya Pradesh Medical Education (Gazette) Service Recruitment Rules, 1987 are hereby, repealed in relation, to the matters covered by these rules:

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

 

Schedule -I

Directorate of Medical Education

Schedule -I "A"

(See rule 5)

Classification of the Service, pay scale and the number of posts included in the service

 

Government Medical College

Schedule -I "B"

(See rule 5)

Classification of the Service, pay scale and the number of posts included in the service

 

Associate Professor

Schedule -I "C"

(See rule 5)

Classification of the Service, pay scale and the number of posts included in the service

 

Assistant Professor

Schedule -I "D"

(See rule 5)

Classification of the Service, pay scale and the number of posts included in the service

 

Medical Cadre

Schedule -I "E"

(See rule 5)

Classification of the Service, pay scale and the number of posts included in the service

 

Non-Medical Cadre

Schedule -I "E"

(See rule 5)

Classification of the Service, pay scale and the number of posts included in the service

 

SCHEDULE 2

Directorate of Medical Education

Schedule -II "A"

(See rule 6)

Method of recruitment

 

Government Medical College

Schedule -II "B"

(See rule 6)

Method of recruitment

 

Schedule -II "C"

(See rule 6)

Method of recruitment

 

Schedule -II "D"

(See rule 6)

Method of recruitment

 

Government Medical College

Medical Cadre

Schedule -II "E"

(See rule 6)

Method of recruitment

 

Non-Medical Cadre

Schedule -II "E"

(See rule 6)

Method of recruitment

 

Schedule -III

Directorate of Medical Education

Schedule -III

[See rule 8(1)]

Age and Qualifications of persons to be made direct recruitment

 

Government Medical College

Schedule -III

[See rule 8(1)]

Age and Qualifications of persons to be made direct recruitment

 

Government Medical College Medical Cadre

Schedule -III

[See rule 8(1)]

Age and Qualifications of persons to be made direct recruitment

Government Medical College Non-Medical Cadre

Schedule -III

[See rule 8(1)]

Age and Qualifications of persons to be made direct recruitment

 

Schedule -IV

Directorate of Medical Education

Schedule -IV

[See rule 14(1)]

Manner of Promotion, required experience and members of Departmental Promotion Committee

Government Medical College

Schedule -IV

[See rule 14(1)]

Manner of Promotion, required experience and members of Departmental Promotion Committee