MADHYA PRADESH STATE AND SUBORDINATE EDUCATION SERVICES (SCHOOL BRANCH) RECRUITMENT AND PROMOTION RULES, 2014

 

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and in supersession of Madhya Pradesh Education Service [school branch] recruitment and promotion Rules 1982, the Governor of Madhya Pradesh, hereby, makes the following rules relating to the recruitment to the Madhya Pradesh, State Education Services (School Branch), namely:-

Rule - 1. Short title and commencement.

(1)     These rules may be called the Madhya Pradesh State and Subordinate Education Services (School Branch) Recruitment and Promotion Rules, 2014.

(2)     These rules 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 respect of the service means the authority as shown in Schedule-1;

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

(c)      "Commissioner" means the Commissioner of Public Instruction, Madhya Pradesh;

(d)      "Departmental Promotion Committee" means, the Committee Constituted under these rules;

(e)      "Director" means the Director of Public Instruction, Madhya Pradesh;

(f)       "Examination" means competitive examination or departmental examination conducted under these rules;

(g)      "Examining Agency" means the agency decided by the Government for conducting competitive examination or departmental examination under these rules;

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

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

(j)       "Other Backward Classes" means the Other Backward Classes of Citizen as specified by the State Government vide notification No. F-8-5-XXV-4-84 dated the 26th December, 1994 as amended from time to time;

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

(l)       "Scheduled Castes and Scheduled Tribes" means any caste, race or tribe or part of or group within a caste race or tribe specified as such in relation to the State of Madhya Pradesh under clause (24) and (25) of article 366 of the Constitution of India and are notified as such by Government from time to time;

(m)    "Service" means the Madhya Pradesh State and Subordinate Education Service (School Branch);

(n)     "State" means the State of Madhya Pradesh;

(o)      "Selection Committee" means Committee constituted under these rules;

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 Service.

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

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

(ii)      Persons recruited to the Service before the commencement of these rules;

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

Rule - 5. Classification, Scale of Pay etc.

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

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 a temporary basis.

Rule - 6. Method of recruitment.

Recruitment to the Service, after the commencement of these rules, shall be made by the following methods, namely:-

(a)      Selections through direct recruitment;

(b)      By promotion of members of the Madhya Pradesh State Education and Subordinate Service from a lower post/cadre as specified in column (2) of Schedule IV to a higher post/cadre.

(c)      (i) By transfer of persons from such cadre/service as may be specified in Column (6) of Schedule-II;

(ii) The number of persons recruited under clause (b) and clause (c) of sub-rule (1) shall not at any time exceed percentage as shown in schedule II and of the number of posts as specified in Schedule-I;

(iii) Subject to the provisions of these rules, the method or methods of recruitment to be adopted for the purpose 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 in consultation with the Commission.

(iv) Notwithstanding anything contained in sub-rule (i) if in the opinion of the Government, the exigencies of the service so require, the Government may with the consultation of the General Administration Department adopt any other methods of recruitment to the Service other than those specified in the said sub-rule.

Rule - 7. Appointment to posts in the Service.

All appointments to the vacancies arising in any category of posts in the service, after the-commencement of these rules, 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 in rule 6.

Rule - 8. Conditions of eligibility for direct recruitment.

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

(1)     Age-

(a)      The candidate must have attained the age as specified in column (3) of Schedule III and must not have attained the age as specified in column (4) of the said Schedule, on the first day of January, next following the date of commencement of the selection/examination.

(b)      The upper age limit shall be relaxable up to a maximum of 5 years, if a candidate belongs to a Scheduled Castes or a Scheduled Tribes, and Other Backward Classes.

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

(i)       A candidate who is a permanent/temporary Government servant should not be more than 45 years of age,

(ii)      This concession shall also be admissible to the contingency paid employees, worked-charged employees, contractual employees and employees working in the project implementation group.

(iii)     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 upto a maximum limit of seven years, even if it represents more than one spell, provided that the resultant age does not exceed the upper age limit by more than five years.

Explanation - The term "retrenched Government servant" denotes a person who was in temporary Government service of this State or of any of the constituent units for the continuous period of not less than six months and who was discharged because of reduction in establishment not more than 5 years prior to the date of his registration at the employment exchange or of application made otherwise for employment in Government Service.

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

(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)     Officer discharged after working for more than six months continuously against leave vacancies, VI. Ex-service man invalidated out of service,

(VI)   Ex-servicemen discharged on the ground that they are unlikely to become efficient soldiers,

(VII)  Ex-servicemen who are medically boarded out on account of gunshot, wounds etc;

(d)      The maximum age limit shall further be relaxable for 05 years in case of widow/divorcee or destitute.

(e)      The maximum age limit shall further be relaxable for 02 years in case of green card holder under "family welfare programme"

(f)       The maximum age limit shall further be relaxable for 5 years for upper caste family members who marrying schedule castes, schedule tribe, under "inter caste marriage promotion scheme".

(g)      The upper age limit shall be relaxable upto 05 years in case of "Vikram Awardee";

(h)     The upper age limit shall be relaxable upto 05 years in case of employee of "NIGAM" or "MANDAL" of MADHYA PRADESH

Note:-(1) Candidates who are found eligible for examination/selection under the age concessions mentioned in sub-rule 8(i)(C)(i) and (ii) above shall not be eligible for appointment, if after submitting application, they resign from service either before or after examination/selection. They shall however, continue to be eligible if they are retrenched from the service or post after submitting the application. In no other case their age limit shall be relaxed.

(2)     A departmental candidate shall be required to obtain permission of the appointing authority for presenting himself for selection. (2) Educational qualifications: Candidates must possess the educational qualifications prescribed for the service as shown in Schedule-III, provided that-

(a)      In exceptional cases the Commission may, on the recommendation of Government, treat as qualified a candidate, who though not possessing the qualifications prescribed in these rules but has passed Examinations conducted by other institutions by a standard which, in opinion of the Commission/Government, justifies the consideration of the candidate for selection.

(b)      Candidates who are otherwise qualified but have taken degree from foreign Universities, being Universities not specifically recognized by Government, may also be considered for selection at the discretion of the Commission or Government where the Commission is not involved.

(3)     Fees.

The Candidates must pay the fees, if any, prescribed by the Commission or Government where the Commission is not involved.

Rule - 9. Disqualification.

(1)     Any attempt on the part of a candidate to obtain support for his candidature by any means may be held by the Commission or Government where the Commission is not involved, to disqualify him for appearing in the examination/selection.

(2)     No candidate shall be eligible for appointment to a service or post who has married before the minimum age fixed for marriage.

(3)     No candidate shall be eligible for appointment to the service or post, who has been convicted for an offence:

Provided that where such cases are pending against him/her in a Court, then appointment of a candidate shall be kept pending till the final decision of the criminal case.

(4)     Madhya Pradesh Civil Services (General Conditions of services) Rules, 1961 and all other instructions issued from time to time by Government shall also be applicable for ascertaining the disqualification of a candidate.

(5)     No candidate shall be eligible for the appointment to any service or post who has more than two living children one of whom is borne on or after the 26th January, 2001:

Provided that no candidate shall be disqualified or ineligible for appointment to a service or post, who has already one living child and next delivery takes place on or after 26th day of January, 2001 in which two or more two or more than two children are borne.

Rule - 10. Commission's decision as to the eligibility of a candidate shall be final.

The decision of the Commission or Government as to the eligibility or otherwise of a candidate for selection/examination shall be final and no candidate to whom a certificate of admission has not been issued by the Commission shall be allowed to appear in the examination/interview.

Rule - 11. Direct Recruitment through competitive examination.

(1)     A competitive examination for recruitment to the posts included in the service as shown in Schedule-II shall be held at such intervals as the Commission/Government, where the Commission is not involved, may determine from time to time in consultation with the Commission.

(2)     The examination shall be conducted by the Commission/Government in accordance with such orders as may be issued from time to time in consultation with the Commission.

(3)     There shall be reserved posts for the candidates belonging to Scheduled Castes, Scheduled Tribes and other Backward Classes at the stage of the direct recruitment in accordance with the provisions contained in the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Janjatiyon Evum Anya Pichhde Vergon ke liye Arakshan) Adhiniyam, 1994 (No. 21 of 1994) and as per orders issued by the State Government from time to time.

(4)     In filling the vacancies so reserved, candidates who are members of the Scheduled Castes, Scheduled Tribes and Other Backward Classes 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 as compared with other candidates.

(5)     Those candidates belonging to Scheduled Castes, Scheduled Tribes and other Backward Classes as are selected for appointment to the posts with due regard to the maintenance of efficiency of administration may be appointed to the vacancies reserved under sub-rule (2) for the candidates of Scheduled Castes or Scheduled Tribes or other Backward Classes, as the case may be.

(6)     In such cases, where working experience of some specific period is prescribed as essential conditions for the post to be filled in by direct recruitment and it is found in the opinion of the Commission that sufficient number of candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes, may not be available, the Commission after consultation with the Government may relax such conditions of experience to the candidates of Scheduled Castes, Scheduled Tribes and other Backward Classes.

(7)     If sufficient number of candidates belonging to the Scheduled Castes, Scheduled Tribes and other Backward Classes are not available for filling the vacancies reserved for them, the remaining vacancies shall not be filled from other categories without prior permission of the State Government and those vacancies shall be kept vacant for candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes for the next selection.

(8)     Posts shall be reserved for women candidates as per the provisions of the Madhya Pradesh Civil Services (Special provisions for appointment of Women) Rules, 1997.

Rule - 12. List of candidates recommended by the Commission/Examining Agency.

(1)     The Commission/Examining Agency shall prepare a list arranged in order of merit of all the candidates who may have qualified by such standards, as may be determined by it and shall forward the same to the appointing authority at the earliest.

(2)     Subject to the provisions of these Rules and of 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. The appointment shall be made in accordance with roaster as per rules.

(3)     The inclusion of the candidate's 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 to the appointment to the service.

(4)     The list shall be valid for a period of one year from the date of issue by the Commission/Examining Agency, it may be extendable to six more months subject to the permission of Commission/Government.

Rule - 13. Appointment by promotion.

(1)     There shall be a Committee consisting of the members mentioned in Schedule IV for making a preliminary selection for promotion of eligible candidates.

(2)     The Committee shall meet minimum once a year.

(3)     For such posts, which are to be filled by promotion as specified in Schedule-II, the procedure to be followed for filling the reserved vacancies by promotion shall be in accordance with the instructions issued by the General Administration Department of the Government as specified in the M.P. Public Service (Promotion) Rules, 2002 and instructions issued from time to time.

Rule - 14. Conditions of eligibility for promotion.

Subject to the provisions of sub-rule (2) under explanation here the Committee shall consider the cases of all persons who on the 1st day of January of that year have completed not less than such number of years of service (whether officiating or substantive) on the posts from which promotion is to be made as specified in column (3) of Schedule IV and are within the zone of consideration in accordance with the provisions of aforesaid sub-rule:

Provided that any junior person shall not be considered for promotion in preference to the person senior to him only on the basis that he has completed the prescribed years of service.

Explanation:- Manner of computation for eligibility for promotion:-

(1)     Period of qualifying service on 1st January of the relevant year in which Departmental Promotion Committee is convened shall be counted from the calendar year in which the public servant has joined the feeding cadre/part of the service/pay scale of the post and not from the date of joining of the cadre/part of the service/pay scale of post.

(2)     The zone of consideration by promotion shall be such as specified in the Madhya Pradesh Public Service (Promotion) Rules, 2002 and instructions issued from time to time.

Rule - 15. Preparation of list of suitable candidates.

(1)     The Departmental Promotion Committee shall prepare a list of such persons who satisfy the conditions prescribed in Rule 14 and are held by committee to be suitable for promotion to the service in according to the provisions of Madhya Pradesh Public Service (Promotion) Rules 2002. The list shall be sufficient to cover the vacancies anticipated on account of retirement/promotion during the course of one year from the date of preparation of the select list. A reserve list consisting of two public servants or 25% of number of vacancies, whichever is more, shall be prepared to meet the unforeseen vacancies occurring during the course of the aforesaid period.

(2)     The criteria of preparation of select list shall be as per provisions of the Madhya Pradesh Public Service (Promotion) Rules, 2002 and instructions issued from time to time.

(3)     The names of persons included in the select list shall be arranged in order of seniority in the service or posts as specified in column (2) of Schedule-IV. Explanation-A person whose name is included in the select list but he 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)     A list so prepared shall be reviewed and revised every year.

(5)     If in the process of selection, review or revision, it is proposed to supersede any member of the state/subordinate service, the Committee shall record its reasons for the proposed supersession.

Rule - 16. Consultation with the Commission.

The recommendation of the Departmental Promotion Committee presided over by the Chairman or a member of the Commission shall be deemed to be in compliance of the requirement of consultation with the Commission under sub-clause (b) of clause (3) of Article 320 of the Constitution and a separate consultation with the Commission shall not be required.

Rule - 17. Select List.

(1)     The Commission/Government shall consider the list prepared by the committee along with the other documents received from the Committee and unless it considers any necessary change, shall approve the list.

(2)     If the Commission/Government considers it necessary to make any change in the list received from the Committee, it shall inform the Committee to the change proposed and after taking in to account the comments, if any, may approve the list finally with such modification, if any, as may in its opinion found just and proper.

(3)     The list as finally approved by the Commission/Government shall form the select list for promotion of the members of the service as specified in column (2) Schedule -IV.

(4)     The select list shall ordinarily be in force for a period of one year until it is reviewed or revised in accordance with the sub rule (4) Rule 15, but its validity shall not be extended beyond a total period of 18 months from the date of its preparation:

Provided that in the event of a grave lapse in the conduct or performance of duties on the part of any person included, a special review of the select list may be made at the instance of the Government and the Commission, if considers it appropriate remove the name of such person from the select list.

Rule - 18. Appointment to the service from the select list.

Appointment of the persons included in the select list to the posts borne on the cadre of the service shall follow the order in which the names of such persons appear in the select list.

Rule - 19. Representation in Promotion/Screening Committee.

If the nominated members other than the member presiding the promotion/screening Committee in respect of the posts to be filled up by promotion/selection, do not represent the category of Scheduled Castes or Scheduled Tribes, then one member belonging to Scheduled Castes or Scheduled Tribes category of the same status or of above shall be included in the promotion/screening committee and the number of members of promotion/screening committee shall be extended to that limit.

Rule - 20. Probation.

Every candidate directly recruited shall be appointed on probation for a period of two years notwithstanding the provisions made for certain services/posts in these rules.

Rule - 21. Interpretation.

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

Rule - 22. Relaxation.

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 shall apply in such manner as may appear to him to be just and equitable: Provided that no case shall be dealt in any manner less favourable to the person than that provided in these rules.

Rule - 23. Saving.

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

Rule - 24. Repeal and Saving.

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 the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.

 

SCHEDULE – I

(See Rule 5)

CLASSIFICATION, PAY SCALE AND NUMBER OF POSTS INCLUDED IN THE SERVICE

Note: As the designation of the posts, Assistant Director (Planning), and Assistant Director (Physical Education), has been renamed as Assistant Director, Public Instruction, the number of posts sanctioned earlier as 13 for Assistant Director (Planning), and 10 for Assistant Director (Physical Education) have been merged with the number of posts of Assistant Director, Public Instruction, shown against Sr. No. 12 in column number (3) of the schedule-1

 

SCHEDULE-II

(See Rule 6)

*Note:-

(1)     25% posts of Principal, High Schools shall be filled by direct recruitment through limited examinations from the cadre of Varisht Adhyapak of Local bodies.

(2)     Out of remaining 75% posts of Principal, High Schools; 50% posts shall be filled by promotions from lecturer, HSS cadre and 25% post shall be filled from Area Education Officers cadre.

(3)     50% posts of Assistant Director Public Instruction at Sr. No. 12 shall be filled by direct recruitment through Madhya Pradesh Public Service Commission Examination and remaining 50% posts shall be filled by promotion from Principal, HSS cadre.

(4)     Posts at Sr. No. 27 will be filled by promotion from District Sports and Welfare Inspector/Physical Training Instructor (Higher Pay Scale)

(5)     Posts at Sr. No. 29 and 30 filled by promotion along with the posts at Sr. No. 30 out of trained Upper Division Teachers having Post Graduate degree in respective subjects

 

SCHEDULE-III

(See Rule 8)

AGE AND ELIGIBILITY FOR DIRECT RECRUITMENT

Note - (1):- There shall be no lower and upper age limits for selection on the posts of Principal, High School and Area Education Officers.

Note - (2):- Under State Education Services, there shall be two years of probation period for the post of Assistant Director Public Instruction recruited through combined competitive examination by M.P. Public Service Commission and two years of probation period for the post of Principal, High Schools selected through limited examinations held by the Agency decided by the Government. The probation period shall include the following activities:

(a)      Assistant Director Public Instruction:-

(i)       Induction Training of one year - During this period the recruited incumbents shall be registered for Diploma/Certificate in Educational Management Course under any recognized institution. This shall be done through an open and distance learning mode.

(ii)      Leadership Training - There shall be one month Leadership Training under SIEMAT or Indian Institute of Management, Indore or from any reputed institute of management. In case of Leadership Training under SIEMAT, the Project Implementation Module shall be got prepared either by Indian Institute of Management, Indore or by any other reputed Institute of Management.

(iii)     Every person appointed to the service shall be appointed on 2 years probation initially. Only on successful completion of probation period the incumbent officer shall be given a regular appointment. In case the officer fails to complete the probation successfully, the probation period shall be extended for additional one year. But, if one is found unable to complete the probation period successfully even after utilizing the additional one year probation period, he/she shall be terminated from the services.

(b)      Principal High Schools -

(i)       Induction Training of one-year - During this period the recruited incumbents shall be registered for Diploma/Certificate for Educational Management Course under any recognized institution. This shall be done through the open and distance learning mode.

(ii)      Leadership Training - There shall be one month Leadership Training under SIEMAT or Indian Institute of Management, Indore or from any reputed institute of management. In case of Leadership Training under SIEMAT, the" Project Implementation Module shall be got prepared either by Indian Institute of Management, Indore or by any other reputed institute of management.

(iii)     Every person appointed to the service on selection through limited examinations shall be appointed on probation for two years initially and shall be posted necessarily in rural areas. Only on successful completion of probation period the incumbent officer shall be given a regular appointment. In case the officer fails to complete the probation successfully, the probation period shall be extended for additional one year. But, if one is found unable to complete the probation period successfully even after utilizing the additional one year probation period, he/she shall be repatriated to the post of original cadre.

Probation period for sub-ordinate education services: Officers under sub-ordinate education services shall be appointed initially on probation for two years. The probation period shall include the following activities:-

(i)       Leadership Training:- There shall be leadership training for one month in SIEMAT which shall include the topics -of Project Management and School Administration.

(ii)      On successful completion of probation period the incumbent officer shall be given a regular appointment. In case the officer fails to complete the probation successfully, the probation period shall he extended for additional one year. But, if one is found unable to complete the probation period successfully even after utilizing the additional one year probation period, he/she shall be repatriated to the post of original cadre.

Note - (4):- Interval in selection process:

(i)       The vacancies falling under the direct recruitment for the post of Assistant Director Public Instruction shall be filled through the "State Combined Civil Service Examinations".

(ii)      The vacancies falling under the direct recruitment for the post of Principal, High School shall be filled through the limited examination held by the agency as decided by the Government on selection basis. Such examinations shall be held once in every two years time.

Note - (5):- Minimum and maximum age limits may vary from time to time as per the directions issued by General Administration Department. Government of Madhya Pradesh.

 

SCHEDULE-IV

(See Rule 13)

(1)     Due to renaming of designation "Assistant director Planning" and "Assistant Director Physical education" as "Assistant director Public Instruction, (sic) Post of "Assistant director Planning" and 05 posts (50% of 10 earlier sanctioned) of "Assistant Director Physical education" will be kept reserved for promotion of Planning Officer and principal, College of Physical education respectively to the post of Assistant Director Public Instruction shown against Sr. No. 8 in column No. 3 of schedule 4.

(2)     Seniority of Officers belonging to the constituent units will be counted on the basis of their respective position given in the combined gradation list prepared under S.R. Act.

(3)     The Upper Division Teachers who have achieved the President's/Governor's Award, as the case may be, under the-Scheme of National Award/State Award to teachers, shall be given out of turn promotion to the post of Lecturer, Higher Secondary School, Provided that he has obtained the senior pay scale/Kramonnati Pay Scale or any other corresponding pay scale and is otherwise eligible for promotion Under these rules.

(4)     For the promotion on the post of lecturer the seniority of the feeder cadre will not change in the event of inter district transfers. Headmaster Middle schools having Post Graduate Degree shall also be eligible for promotion on the post of Lecturer, Higher Secondary Schools on the basis of their seniority on the post of Upper Division Teacher. For such promotion a combined seniority list/reference list shall be maintained at the Directorate of Public Instruction.

(5)     The post of Head Master Middle School shall remain still a district cadre post and their seniority shall be maintained at the district level.