Rajasthan Educational (state And Subordinate) Service Rules, 2021, India-legitquest

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RAJASTHAN EDUCATIONAL (STATE AND SUBORDINATE) SERVICE RULES, 2021

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Rajasthan hereby makes the following rules regulating recruitment to posts in, and the conditions of service of persons appointed to the Rajasthan Educational (State and Subordinate) Services, namely:-

PART I

GENERAL

Rule - 1. Short title, commencement and application.

(1) These rules may be called the Rajasthan Educational (State and Subordinate) Service Rules, 2021.

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

(3) These rules shall not apply to the posts governed by the Rajasthan Scheduled Areas Subordinate, Ministerial and Class-IV Service (Recruitment and other Service Conditions) Rules, 2014, except as provided in those rules.

Rule - 2. Definitions.

In these rules unless the context otherwise requires.-

(a) "Appointing Authority" in respect of the posts included in the State Service means the Government and any other officer to whom powers in this behalf may be delegated by the Government by special or general order on such conditions as it may deem fit and in respect of the posts included in the Subordinate Service means the Director, Secondary Education or the Director, Elementary Education, as the case may be, and includes such other officer or authority who may with the approval of the Government be specially empowered by the Director to exercise the powers and perform the functions of the Appointing Authority;

(b) "Board" means the Rajasthan Staff Selection Board;

(d) "Committee" means the Committee constituted under rule 31;

(e) "Department" means the Secondary/Elementary Education Department;

(f) "Director" means the Director, Secondary Education or the Director, Elementary Education, Rajasthan, as the case may be;

(g) "Direct recruitment" means recruitment made in accordance with the procedure prescribed in Part-IV of these rules;

(h) "Government" means the Government of Rajasthan;

(i) "Member of the service" means a person appointed to a post in the service on the basis of regular selection under the provisions of these rules or the rules or orders superseded by these rules;

(j) "Schedule" means the schedule appended to these rules;

(k) "School" means all the schools running under the administrative control of the Elementary Education Department or the Secondary Education Department;

(l) "Service" means the Rajasthan Educational Service or the Rajasthan Educational Subordinate Service, as the case may be;

(m) "Service" or "Experience" wherever prescribed in these rules as a condition for promotion from one Service to another or within the Service from one category to another or to senior posts, in the case of a person holding the lower post eligible for promotion to higher post shall include the period for which the person has continuously worked on such lower post after regular selection in accordance with the provisions of the rules promulgated under the proviso to Article 309 of the Constitution of India.

Note: Absence during service e.g. training, leave and deputation etc. which are treated as "duty" under the Rajasthan Service Rules, 1951, shall also be counted as service for computing experience or service required for promotion;

(n) "State" means the State of Rajasthan;

(o) "Substantive appointment" means an appointment made under the provisions of these rules to a substantive vacancy after due selection by any of the methods of recruitment prescribed under these rules and includes an appointment on probation or as a probationer trainee followed by confirmation on completion of the probationary period.

Note: Due selection by any of the methods of recruitment prescribed under these rules shall include recruitment either on initial constitution of service as per rule 5 or in accordance with the provisions of any rules promulgated under the proviso to Article 309 of the Constitution of India, except an urgent temporary appointment; and

(p) "Year" means the financial year.

Rule - 3. Interpretation.

Unless the context otherwise requires, the Rajasthan General Clauses Act, 1955 (Act No. VIII of 1955) shall apply for the interpretation of these rules as it applies for the interpretation of a Rajasthan Act.

PART II

CADRE

Rule - 4. Composition and strength of the Service.

(1) The nature of posts included in the service shall be as specified in column number 2 of Schedule-I or Schedule II, as the case may be.

(2) The strength of the posts in the service shall be such as may be determined by the Government, from time to time.

(3) There shall be separate cadres in the service as specified in the Groups of Schedule-I and Schedule II -

Provided that the Government may.-

(a) create any post(s) permanent or temporary, from time to time, as may be found necessary and may abolish any such post(s) in the like manner without thereby entitling any person to any compensation; and

(b) leave unfilled or hold in abeyance or abolish or allow to lapse any post, permanent or temporary, from time to time, without thereby entitling any person to any compensation.

Rule - 5. Initial constitution of the service.

The service shall consist of.-

(a) all persons holding substantively the post specified in Schedule-I or Schedule-II, as the case may be, on the date of commencement of these rules;

(b) all persons recruited to the posts included in the Service before the commencement of these rules; and

(c) all persons recruited to the Service in accordance with the provisions of these rules, except an urgent temporary appointment under rule 35.

PART III

RECRUITMENT

Rule - 6. Methods of recruitment.

(1) Recruitment to the post in the service after the commencement of these rules shall be made by the following methods in the proportion as indicated in column 3 and 4 of Schedule-I or Schedule-II, as the case may be, namely:-

(a) by direct recruitment in accordance with the procedure prescribed in Part-IV of these rules; and

(b) by promotion in accordance with the procedure prescribed in Part-V of these rules.

(2) Recruitment to the service by the aforesaid methods shall be made in such a manner that the persons appointed to the service by each method do not at any time exceed the percentage laid down in the rules/schedules of the total cadre strength as sanctioned for each category, from time to time:

Provided that if the Appointing Authority, in consultation with the Commission, where necessary, is satisfied that suitable persons are not available for appointment by either method of recruitment in a particular year, appointment by the other method in relaxation of the prescribed proportion may be made in the same manner as specified in these rules.

(3) In case of teachers as referred to in "Group A: Teaching wing" of the Schedule-II Subordinate Service Posts, 100% vacancies shall be filled in by transfer of Primary and Upper Primary School teachers working in schools under Panchayat Samities:

Provided that.-

(a) the teacher shall be made available strictly on the basis of seniority;

(b) they possess the minimum qualification prescribed for the posts under the rules; and

(4) Notwithstanding anything contained in these rules, the recruitment, appointment, promotion, seniority and confirmation etc. of a person who joins the Army/Air Force/Navy during an Emergency shall be regulated by such orders and instructions as may be issued by the Government, from time to time, provided that these are regulated mutatis mutandis according to the instructions issued on the subject by the Government of India.

Rule - 7. Compassionate Appointment of Dependents of the Deceased/Permanently Incapacitated Armed Forces Service Personnel/Paramilitary Personnel.

(1) Notwithstanding anything contained in these rules, the Appointing Authority may fill the vacancies of the.

(i) posts upto Level-9 in Pay Matrix, as amended from time to time, to be filled in by direct recruitment by appointing on compassionate ground, one of the dependents of a member of Armed Forces/Para Military Forces belonging to the State who becomes permanently incapacitated on or after 01.04.1999 in any defense operations including counter insurgency operations and operations against terrorists;

(ii) posts upto Level-10 in Pay Matrix, as amended from time to time, to be filled in by direct recruitment by appointing on compassionate ground, one of the dependents of a member of Armed Forces/Para Military Forces belonging to the State who dies on or after 01.04.1999 in any defense operations including counter-insurgency operations and operations against terrorists;

(iii) posts upto Level-9 in Pay Matrix, as amended from time to time, to be filled in by direct recruitment by appointing on compassionate ground one of the dependents of a member of Armed Forces belonging to the State who dies or was permanently incapacitated in war or any defense operations including counter insurgency operations and operations against terrorists during the period from 01.01.1971 to 31.03.1999;

subject to fulfillment of the educational qualifications and other service conditions prescribed under the relevant service rules and with the concurrence of the Department of Personnel and the Rajasthan Public Service Commission, if the post falls within the purview of the Commission:

Provided that.-

(i) if the Armed Forces/Para Military personnel who are permanently incapacitated are capable of and desirous of obtaining employment for themselves under the State Government, employment shall be given to them;

(ii) if the widow or the children of the Armed Forces/Para Military personnel who are killed or permanently incapacitated are not in a position to take up employment immediately, employment will be given to them on acquiring of eligibility for appointment;

(2) Appointment shall be given to a dependent of Armed Forces/Para Military personnel only if any one of them has not got appointment on any post under the provisions of concerned service rules prevailing in the Government of India.

(3) Appointment shall not be given to such dependent if any of the other dependents of the Armed Forces/Para Military personnel is already employed on regular basis under the Central/any State Government or Statutory Board/Organization/Corporation owned or controlled wholly or partially by the Central/any State Government at the time of death of the Armed Forces/Para Military Personnel:

Provided that this condition shall not apply where the widow seeks employment for herself.

(4) Such dependent shall address an application for the purpose to the Zila Sainik Kalyan Adhikari in the case of Armed Forces and the Officer Commanding the Para Military Unit for Para Military Forces duly verified by the Head of the Unit where the deceased/permanently incapacitated member of the Armed Forces/Para Military Forces was serving at the time of death/becoming permanently incapacitated. The application shall be considered in relaxation of the normal recruitment rules subject to the condition that the dependent fulfills the academic qualifications and experience, except for appointment to Class IV for which educational qualification shall be relaxed and age limit prescribed for the post and is also otherwise qualified for the Government Service.

(5) The application of such dependent shall be forwarded to the District Collector concerned, for suitable appointment according to the qualifications possessed by the dependent. In the event of non availability of vacancy in the District concerned, the application shall be sent to the Divisional Commissioner who shall arrange appointment in any District under his jurisdiction. If vacant post is not available under the jurisdiction of the Divisional Commissioner, then the application shall be referred by the Divisional Commissioner to Government in the Department of Personnel for providing appointment.

(6) The application shall contain the following information:-

(i) Name and designation of deceased/permanently incapacitated Armed Force/Para Military Force personnel;

(ii) Unit in which he/she was working prior to death/becoming permanently incapacitated;

(iii) Date and place of death with death certificate issued by the Authority competent to declare him/her a battle casualty or becoming permanently incapacitated; and

(iv) Name, date of birth, educational qualification of the applicant and his/her relation with the deceased (with certificates).

Explanation: for the purpose of this rule.-

(a) "Armed Force" means the Army, Navy and Air Force of the Union;

(b) "Dependent" means spouse of the deceased/permanently incapacitated person, son/adopted son, unmarried daughter/un-married adopted daughter who were wholly dependent on the deceased/permanently incapacitated Armed Forces Service Personnel/Para Military Personnel;

Note: Adopted son/daughter means legally adopted son/daughter by the deceased/permanently incapacitated person during his/her life.

(c) "Para Military Forces" means the Border Security Force, Central Reserve Police Force, Indo Tibetan Border Police and any other Para Military Force, as may be notified by the Central and State Government, from time to time; and

(d) "Permanently incapacitated" means a person who is covered under the definition of the term person with bench mark disabilities as defined in the Rights of Persons with Disabilities Act, 2016 (Central Act No. 49 of 2016).

Rule - 8. Reservation of vacancies for the Scheduled Castes and the Scheduled Tribes.

(1) Reservation of vacancies for the Scheduled Castes and the Scheduled Tribes shall be in accordance with the orders of the Government for such reservation in force at the time of recruitment i.e. by direct recruitment and by promotion;

(2) The vacancies so reserved for promotion shall be filled in by seniority-cum-merit and merit.

(3) In filling the vacancies so reserved, the eligible candidates who are members of the Scheduled Castes and the Scheduled Tribes, shall be considered for appointment in the order in which their names appear in the list prepared for direct recruitment by the Commission/Board or the Appointing Authority, as the case may be, and the Departmental Promotion Committee or the Appointing Authority, as the case may be, in the case of promotees, irrespective of their relative rank as compared with other candidates.

(4) Appointments shall be made strictly in accordance with the rosters prescribed separately for direct recruitment and promotion.

(5) In the event of non-availability of the eligible and suitable candidates amongst the Scheduled Castes or the Scheduled Tribes, as the case may be, for direct recruitment, in a particular year, the vacancies so reserved for them shall be carried forward to the subsequent three recruitment years. After the expiry of three recruitment years, such carried forward vacancies shall be filled in accordance with the normal procedure:

Provided that if recruitment is not held in any recruitment year, such recruitment year shall not be counted for the purpose of this sub-rule.

Provided further that filling up of the vacancies in accordance with the normal procedure under this sub-rule shall not affect the reservation of posts as per the post based roster and vacancies on the reserved posts available in the roster may be filled in from amongst the persons belonging to the Scheduled Castes or Scheduled Tribes, as the case may be, for which such vacancy is available in subsequent years.

(6) In the event of non-availability of the eligible and suitable candidates for promotion amongst the Scheduled Castes or the Scheduled Tribes, as the case may be, in a particular year, the vacancies so reserved for them shall be carried forward until the suitable Scheduled Castes or Scheduled Tribes candidate(s), as the case may be, are available. In any circumstances no vacancy reserved for the Scheduled Castes and the Scheduled Tribes candidates shall be filled by promotion from General category candidates. In exceptional cases, where in the public interest, the Appointing Authority feels that it is necessary to fill up the vacant reserved post(s) by promotion from the General category candidates on urgent temporary basis, the Appointing Authority may make a reference to the Department of Personnel and after obtaining prior approval of the Department of Personnel, they may fill up such post(s) by promoting the General category candidate(s) on urgent temporary basis clearly stating in the promotion order that the General category candidate(s) who are being promoted on urgent temporary basis against the vacant post reserved for the Scheduled Castes or Scheduled Tribes candidates, as the case may be, shall have to vacate the post as and when the candidate(s) of that category become(s) available:

Provided that there shall be no carry forward of vacancies in posts or class/category/group of posts in any cadre or service to which promotions are made on the basis of merit alone, under these rules.

Rule - 9. Reservation of vacancies for the Backward Classes and More Backward Classes.

Reservation of vacancies for the Backward Classes and More Backward Classes shall be in accordance with the provisions of law in force at the time of direct recruitment. In the event of non-availability of eligible and suitable candidates amongst Backward Classes and More Backward Classes in a particular year, the vacancies so reserved for them shall be filled in accordance with the normal procedure.

Rule - 10. Reservation of vacancies for Economically Weaker Sections.

Reservation of vacancies for the Economically Weaker Sections shall be 10% in direct recruitment in addition to the existing reservation. In the event of non-availability of eligible and suitable candidate amongst Economically Weaker Sections in a particular year, the vacancies so reserved for them shall be filled in accordance with the normal procedure.

Explanation: For the purpose of this rule 'Economically Weaker Sections' shall be the persons who are bona fide resident of Rajasthan and not covered under the existing scheme of reservation for the Scheduled Castes, the Scheduled Tribes, the Backward Classes, the More Backward Classes and whose family has gross annual income below rupees 8.00 lakh. Family for this purpose will include the person who seeks benefit of reservation, his/her parents and siblings below the age of 18 years as also his/her spouse and children below the age of 18 years. The income shall include income from all sources i.e. salary, agriculture, business, profession etc. and it will be income for the financial year prior to the year of application.

Rule - 11. Reservation of vacancies for women.

Except the posts which are reserved or meant for only woman candidates, for all other posts, the reservation of vacancies for the woman candidates shall be 30% category wise in direct recruitment, out of which one third shall be for widows and divorced woman candidates in the ratio of 80:20. In the event of non availability of eligible and suitable candidates, either in widow or in divorcee, in a particular year, the vacancies may first be filled by interchange i.e. vacancies reserved for widows to the divorcees or vice versa. In the event of non availability of sufficient widow and divorcee candidates, the unfilled vacancies, shall be filled by other women of the same category and in the event of non availability of eligible and suitable woman candidates, the vacancies so reserved for them shall be filled up by male candidates of the category for which vacancy is reserved. The vacancy so reserved for woman candidates shall not be carried forward to the subsequent year. The reservation for women including widows and divorcee women shall be treated as horizontal reservation, within the category, i.e. even the women selected in general merit of the category shall first be adjusted against the women quota.

Explanation: In the case of widow, she will have to furnish a certificate of death of her husband from the competent Authority and in case of divorcee, she will have to furnish the proof of divorce.

Rule - 12. Reservation of vacancies for Outstanding Sports Persons.

Reservation of vacancies for outstanding sports persons shall be 2% of the total vacancies outside the purview of the commission in that year earmarked for direct recruitment . In the event of non-availability of the eligible and suitable sports person(s) in a particular year, the vacancies so reserved for them shall be filled in accordance with the normal procedure and such vacancies shall not be carried forward to the subsequent year. The reservation for sports person(s) shall be treated as horizontal reservation and it shall be adjusted in the respective category to which the sports person(s) belong.

Explanation: "Outstanding sportspersons" shall mean sport persons who are bona fide resident of the State of Rajasthan, and.-

(i) represented Indian team in individual or in team event in any international tournament/championship of any sports and games mentioned in column number 3 of table given below organized by the international sports body mentioned in column number 2 of the said table.-

Table

S.No.	International Sports Body	Name of the Tournament/Championship
1	2	3
1.	International Olympic Committee [IOC]	Olympic Games (Summer)
2.	Olympic Council of Asia [OCA]	Asian Games
3.	South Asian Olympic Council [SAOC]	South Asian Games; commonly known as SAF games
4.	Commonwealth Games Federation [CGF]	Commonwealth Games
5.	International Sports Federation affiliated to IOC	World Cup/World Championship
6.	Asian Sports Federation affiliated to OCA	Asian Championship
7.	International School Sports Federation [ISSF]	International School Games/Championship
8.	Asian School Sports Federation [ASSF]	Asian School Games/Championship

(ii) medal winner in the individual or in team event in any School National Games of any Sports and Games organized by the School Games Federation of India ;

(iii) medal winner in the individual or in team event in any national tournament/championship of any sports and games organized by the Indian Olympic Association or its affiliated National Sports Federation [N.S.F.] ;

(iv) medal winner in the all India inter university in individual event or in team event in any sports and games, organized by association of Indian universities;

(v) represented Rajasthan in individual or in a team event in national games/national para games or national championship/para national championship of any sports and games, organised by the India Olympic Association/Para Olympic Committee of India or its affiliated National Sports Federation.

Rule - 13. Nationality.

A candidate for appointment to the service must be.-

(a) a citizen of India; or

(b) a subject of Nepal; or

(d) a Tibetan refugee who came over to India before 1st January, 1962 with the intention of permanently settling in India; or

(e) a person of Indian origin who has migrated from Pakistan, Burma, Srilanka and East African countries of Kenya, Uganda and the United Republic of Tanzania (formerly Tanganyika and Zanzibar) Zambia, Malawai, Zaire and Ethiopia with the intention of permanently settling in India:

Provided that a candidate belonging to categories (b), (c), (d) and (e) shall be a person in whose favour a certificate of eligibility has been issued by the Government in the Department of Home Affairs and Justice after proper verification.

Rule - 14. Conditions of eligibility of persons migrated from other countries to India.

Notwithstanding anything contained in these rules, provisions regarding eligibility for recruitment to the service with regard to nationality, age limit and fee or other concessions to a person who may migrate from other countries to India with the intention of permanently settling in India shall be regulated by such orders or instructions as may be issued by the State Government, from time to time and the same shall be regulated mutatis mutandis according to the instructions issued on the subject by the Government of India.

Rule - 15. Determination of vacancies.

(1) Subject to the provisions of these rules, the Appointing Authority shall determine on 1st April every year the actual number of vacancies occurring during the financial year.

(2) Where a post is to be filled in by a single method as prescribed in the Schedules, the vacancies so determined shall be filled in by that method.

(3) Where a post is to be filled in by more than one method as prescribed in the Schedules, the apportionment of vacancies determined under sub-rule (1) above to each such method shall be done maintaining the prescribed proportion for the overall number of posts already filled in. If any fraction of vacancies is left over after apportionment of the vacancies in the manner prescribed above, the same shall be apportioned to the quota of various methods prescribed in a continuous cyclic order giving precedence to the promotion quota.

(4) The Appointing Authority shall also determine the vacancies of earlier years, year-wise, which were required to be filled in by promotion, if such vacancies were not determined and filled earlier in the year in which they were required to be filled in.

Rule - 16. Age.

A candidate for direct recruitment in the service.-

(a) for the State Service post must have attained the age of 21 years and must not have attained the age of 40 years,

(b) for Subordinate Service post(s) must have attained the age of 18 years and must not have attained the age of 40 years, on the 1st day of January, next following the last date fixed for receipt of applications:

Provided that.-

(i) the upper age limit mentioned above shall be relaxed by.-

(a) 5 years in the case of male candidates belonging to the Scheduled Castes, Scheduled Tribes, Backward Classes and More Backward Classes;

(b) 5 years in the case of woman candidates belonging to General category and Economically Weaker Sections;

(c) 10 years in the case of woman candidates belonging to the Scheduled Castes, Scheduled Tribes, Backward classes and More Backward Classes;

(ii) the upper age limit mentioned above shall not apply in the case of an ex-prisoner who had served under the Government on a substantive basis on any post before his/her conviction and was eligible for appointment under these rules;

(iii) the upper age limit mentioned above shall be relaxed by a period equal to the term of imprisonment served in the case of other ex-prisoners who was not overage before his conviction and was eligible for appointment under these rules;

(iv) the upper age limit mentioned above shall be relaxed by a period equal to the service rendered in the N.C.C. in the case of Cadet instructors, if the resultant age does not exceed the prescribed maximum age limit by more than three years, they shall be deemed to be within the prescribed age limit;

(v) the upper age limit for the persons serving in connection with the affairs of the State, Panchayat Samities and Zila Parishads and in the State Public Sector Undertaking/Corporations in substantive capacity shall be 40 years;

(vi) the released Emergency Commissioned Officers and Short Service Commissioned Officers after release from the Army shall be deemed to be within the age limit even though they have crossed the age limit when they appear before the Commission, Board or Appointing Authority, as the case may be, had they been eligible as such at the time of their joining the Commission in the Army;

(vii) there shall be no upper age limit in the case of the widows and divorced women;

Explanation: In the case of a widow, she will have to furnish a certificate of death of her husband from the Competent Authority and in the case of a divorcee, she will have to furnish the proof of divorce.

(viii) the persons appointed temporarily to a post in the service shall be deemed to be within the age limit if they were within the age limit when they were initially appointed even though they have crossed the age limit when they appear finally before the Commission/Board/Appointing Authority and shall be allowed upto two chances had they been eligible as such, at the time of their initial appointment ; and

(ix) if a candidate would have been entitled in respect of his/her age for direct recruitment in any year in which no such recruitment was held, he/she shall be deemed to be eligible in the next following recruitment, if he/she is not overage by more than 3 years.

Rule - 17. Academic and technical qualifications and experience.

A candidate for direct recruitment to the post specified in Schedule-I or Schedule-II, as the case may be, shall possess.-

(i) the qualifications and experience as prescribed in column 5 of Schedule-I or Schedule-II, as the case may be; and

(ii) working knowledge of Hindi written in Devnagari script and knowledge of Rajasthani Culture:

Provided that the person who has appeared or is appearing in the final year examination of the course which is the requisite educational qualification for the post as mentioned in the rules or schedules for direct recruitment, shall be eligible to apply for the post but he/she shall have to submit the proof of having acquired the requisite educational qualification to the appropriate selection agency:-

(a) before appearing in the main examination, where selection is made through two stages of written examination and interview;

(b) before appearing in interview where selection is made through written examination and interview; or

(c) before appearing in the written examination or interview, where selection is made through only written examination or only interview, as the case may be.

Rule - 18. Character.

The character of a candidate for direct recruitment to the service must be such as shall qualify him/her for employment in the Service. He/she must produce a certificate of good character from the Principal/Academic Officer of the University or College in which he/she was last educated and two such certificates written not more than six months prior to the date of application from two responsible persons not connected with his/her College or University and not related to him/her.

Note: (1) A conviction by a Court of Law need not of itself involve the refusal of certificate of good character. The circumstances of the conviction should be taken into account and if, they involve no moral turpitude or association with crimes or violence or with a movement which has as its object to over throw by violent means of the Government as by law established, the mere conviction need not be regarded as a disqualification.

(2) Ex-prisoners who by their disciplined life while in prison and by their subsequent good conduct have proved to be completely reformed should not be discriminated against on grounds of their previous conviction for the purpose of employment in the Service. Those who are convicted of offences not involving moral turpitude shall be deemed to have been completely reformed on the production of a report to that effect from the Superintendent, After Care Home or if there are no such Homes in a particular district, from the Superintendent of Police of that district.

(3) Those convicted of offences involving moral turpitude shall be required to produce a certificate from the Superintendent, After Care Home or if there is no such Home in a particular district, from the Superintendent of Police of that district endorsed by the Inspector General of Prisons to the effect that they are suitable for employment as they have proved to be completely reformed by their disciplined life while in prison and by their subsequent good conduct in an After Care Home.

Rule - 19. Physical Fitness.

A candidate for direct recruitment to the service must be in good mental and bodily health and free from any mental and physical defect likely to interfere with the efficient performance of his/her duties as a member of the service and if selected, must produce a certificate to that effect from a Medical Authority notified by the Government for the purpose. The Appointing Authority may dispense with production of such certificate in the case of a candidate who is already serving in connection with the affairs of the State, if he/she has already been medically examined for the previous appointment and the essential standards of medical examination of the two posts held by him/her are held to be comparable for efficient performance of duties of the new post and his/her age has not reduced his/her efficiency for the purpose.

Rule - 20. Employment of irregular or improper means.

A candidate who is or has been declared by the Commission/Board/Appointing Authority/Committee guilty of impersonation or of submitting fabricated documents or documents which have been tampered with or of making statements which are incorrect or false or of suppressing material information or using or attempting to use unfair means in the examination or interview or otherwise resorting to any other irregular or improper means for obtaining admission to the examination or appearance at any interview, shall in addition to rendering himself/herself liable to criminal prosecution, be debarred either permanently or for a specified period.-

(a) by the Commission/Board/Appointing Authority from admission to any examination or appearance at any interview held by the Commission/Board/Committee/Appointing Authority for selection of candidates; and

(b) by the Government from employment under the Government.

Rule - 21. Canvassing.

No recommendation for recruitment either written or oral other than that required under these rules shall be taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his/her candidature by any means may disqualify him/her for recruitment.

PART IV

PROCEDURE FOR DIRECT RECRUITMENT

Rule - 22. Competitive Examination.

All direct recruitments to the various posts in the service shall be made through a competitive examination in accordance with the scheme and syllabus of examination specified in Schedule-III,

Rule - 23. Authority for conducting the examination, syllabus and frequency of examination.

(1) The examination shall be conducted by the Commission or the Board, as the case may be, in accordance with the syllabus prescribed by the Commission or the Board, from time to time.

(2) Direct recruitment to the post specified in the Schedules, shall be held at least once a year, unless the Government decides that a direct recruitment for any of these posts shall not be held in any particular year.

Rule - 24. Inviting of Applications.

(1) Applications for direct recruitment to posts in the service, shall be invited by the Commission, Board or Appointing Authority, as the case may be, by advertising the vacancies to be filled in, in the Official Gazette or in such other manner as may be deemed fit. The advertisement shall contain a clause that a candidate who accepts the assignment on the post being offered to him/her shall be paid monthly fixed remuneration at the rate fixed by the State Government, from time to time, during the period of probation and the pay in Level of the Pay Matrix of the post as shown else-where in the advertisement shall be allowed only from the date of successful completion of the period of probation mentioned in these rules:

Provided that while selecting candidates for the vacancies so advertised, the Commission/Board/Committee/Appointing Authority as the case may be, may, if intimation of additional requirement not exceeding 50% of the advertised vacancies, is received by them/it before selection also select suitable persons to meet such additional requirement.

(2) Subject to the provisions of these rules, the Commission/Board/Appointing Authority/Committee may issue, along with the notice or in such other manner as they/it may deem fit, such instructions for the guidance of the candidates as they/it may deem necessary, giving information, among and others on the following details:-

(i) Number of vacancies to be filled by direct recruitment, indicating the number of vacancies reserved for candidates belonging to Scheduled Castes, Scheduled Tribes, Backward Classes, More Backward Classes, Economic Weaker Section and women etc.;

(ii) Date of submission of applications for permission to appear at the examination and the method of submission;

(iii) Qualifications required for candidates and methods by which these qualifications shall be established;

(iv) Date and place of examination; and

(v) Syllabus of examination.

Rule - 25. Form of Application and admission to the examination.

(1) The application shall be made in the form prescribed by the Commission/Board/Appointing Authority, as the case may be and obtainable from the office of the Commission/Board/Appointing Authority, as the case may be, on payment of such fee, as the Commission/Board or the Appointing Authority may fix, from time to time.

(2) Before appearing in the examination, the candidate should ensure his/her eligibility in respect of age, educational/professional qualifications, experience etc. as provided in the rules. Being allowed to take the examination/interview shall not entitle the candidate to presumption of eligibility. The Commission/Board/Appointing Authority as the case may be, shall scrutinize later on the applications of such candidates only as they find suitable for appointment, before preparing the list under rule 28.

(3) The decision of the Commission/Board/Appointing Authority as to the eligibility or otherwise of a candidate for admission to the examination shall be final.

Rule - 26. Application Fee.

(1) A candidate for direct recruitment to a post in the service shall pay to the Commission/Board/Appointing Authority, as the case may be, such fees as are fixed by them/it, from time to time, in such manner as may be indicated by them/it.

(2) No claim for refund of the examination fee shall be entertained nor the fee shall be held in reserve for any other examination, except when the advertisement is cancelled for any reason by the Commission/Board/Appointing Authority, in which case an amount, as fixed by the Commission/Board/Appointing Authority, shall be deducted before the refund is made.

Rule - 27. Scrutiny of Applications.

The Commission/Board/Appointing Authority, as the case may be, shall scrutinize the applications received by them/it and require, as many candidates qualified for appointment under these rules as seem to them/it desirable, to appear before them/it for interview/written test:

Provided that decision of the Commission/Board/Appointing Authority regarding the eligibility or otherwise of a candidate shall be final.

Rule - 28. Recommendations of the Commission/Board/Committee/Appointing Authority.

The Commission/Board or the Committee or the Appointing Authority, as the case may be, shall prepare a list of the candidates, whom they consider suitable for appointment to the post concerned, arranged in the order of merit on the basis of marks obtained in the written examination/interview and forward the same to the Appointing Authority. The Commission/Board or the Committee or the Appointing Authority, as the case may be, shall not recommend any candidate who has failed to obtain a minimum of 40% marks in each of the papers of the competitive examination:

Provided that.-

(i) the percentage fixed as above shall be relaxed by 5% for the candidates belonging to the Scheduled Castes and Scheduled Tribes.

(ii) the Commission/Board/Committee may also, to the extent of 50% of the advertised vacancies, keep names of suitable candidates on the reserve list category wise. The Commission/Board may on requisition, recommend names of such candidates, in order of merit to the Appointing Authority, within six months from the date on which the original list is forwarded by them/it to the Appointing Authority.

Rule - 29. Disqualification for appointment.

(1) No candidate who has more than one spouse living shall be eligible for appointment to the service unless the Government after being satisfied that there are special grounds permissible under the personal law for doing so, exempt any candidate from operation of this rule.

(2) No candidate who is married to a person having already a spouse living shall be eligible for appointment to the service unless Government, after being satisfied that there are special grounds for doing so, exempt any candidate from the operation of this rule.

(3) No married candidate shall be eligible for appointment to the service if he/she had, at the time of marriage or at any time there-after, accepted any dowry.

Explanation: For the purpose of this rule 'Dowry' has the same meaning as in the Dowry Prohibition Act, 1961 (Central Act No. 28 of 1961).

(4) No candidate shall be eligible for appointment to the service who has more than two children on or after 1st June, 2002.

Provided that.-

(i) the candidate having more than two children shall not be deemed to be disqualified for appointment so long as the number of children he/she has on 1st June, 2002, does not increase.

(ii) where a candidate has only one child from earlier delivery but more than one child are born out of a single subsequent delivery, the children so born shall be deemed to be one entity while counting the total number of children.

(iii) the provisions of this sub-rule shall not be applicable to the appointment of a widow under the provisions of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996.

(iv) while counting the total number of children of a candidate, the child born from earlier delivery and having disability shall not be counted.

(v) any candidates who performed remarriage which is not against any law and before such remarriage he is not disqualified for appointment under this sub-rule, he shall not be disqualified if any child is born out of single delivery from such remarriage.

Rule - 30. Selection by the Appointing Authority.

Subject to the provisions of rule 8, 9, 10, 11 and 12, the Appointing Authority shall select candidates in the order of merit in the list prepared under rule 28:

Provided that inclusion of a candidate's name in the list confers no right to appointment unless the Appointing Authority is satisfied after such inquiry as may be considered necessary that such candidate is suitable in all other respects for appointment to the post concerned.

PART V

PROCEDURE FOR RECRUITMENT BY PROMOTION

Rule - 31. Constitution of the Departmental Promotion Committee.

The constitution of the Committee shall be as under:

(a) For the post(s), appointments whereto are to be made by the Government, falling within the purview of the Commission:

1.	Chairman of the Commission or a member thereof nominated by him	Chairman
2.	Secretary-in-charge to the Government in Administrative Department or his nominee not below the rank of Deputy Secretary to the Government.	Member
3.	Secretary-in-charge to the Government in the Department of Personnel or his nominee not below the rank of Deputy Secretary to the Government.	Member
4.	Director of Secondary Education.	Member Secretary

(b) For the post (s), appointments whereto are to be made by the Director, falling within the purview of the Commission:

1.	Chairman of the Commission or a member thereof nominated by him.	Chairman
2.	Joint Secretary/Deputy Secretary to the Government in the Department of Education.	Member
3.	Joint Secretary/Deputy Secretary to the Government in the Department of Personnel.	Member
4.	Director of Secondary Education or Elementary Education, as the case may be.	Member
5.	Deputy Director, Secondary of the range concerned.	Member Secretary

(c) For the post(s), appointments whereto are to be made by the Joint Director of the range concerned, out side the purview of the commission:

1. Joint Director, Secondary Education of the Chairperson range concerned.

2. One Deputy Director, nominated by the Member Director, Secondary Education

3. One District Education Officer, nominated Member by the Director, Secondary Education.

Provided that in case any Member or Member Secretary as the case may be, constituting the committee, has not been appointed to the post concerned, the officer holding charge of the post for the time being shall be the member or member secretary, as the case may be, of the committee.

Rule - 32. Criteria, Eligibility and Procedure for Promotion.

(1) As soon as the Appointing Authority determines the number of vacancies under rule 15 of these rules and decides that a certain number of posts are required to be filled in by promotion, it shall subject to the provisions of sub-rule (6), prepare a correct and complete list of the senior most persons who are eligible and qualified under these rules for promotion on the basis of seniority cum merit or merit.

(2) The persons enumerated in column 6 of Schedule-I or Schedule-II, as the case may be, shall be eligible for promotion to the post specified against them in column 2 thereof to the extent indicated in column 4 subject to their possessing qualification and experience, on the first day of the month of April of the year of selection, as specified in column 7:

Provided that.-

(i) the Senior Teacher shall be considered only for promotion on the post of the Lecturer of particular subject, Additional Block Elementary Education Officer or Headmaster Secondary School, as per the option given by him during probation period. The option given once during the probation period shall be final. The persons who were appointed on the post of Senior Teacher before the commencement of these rules shall be required to opt as aforesaid within a period of six months after the commencement of these rules. A Senior Teacher who does not opt as aforesaid shall be considered for promotion to any post i.e. Lecturer of particular subject, Additional Block Elementary Education Officer or Headmaster Secondary School in order of seniority cum eligibility subject to availability of vacancies after the persons who opted have been promoted.

(ii) the Senior Teachers who have not been post graduate at the time of completion of their probation, shall be required to opt for promotion after they acquire the post graduate qualification, with in a period of three months after getting post graduate qualification.

(iii) the Senior Teacher, who gives his/her option will not be given chance to change it.

(iv) the Senior Teacher who has got post graduate degree in another subject after giving option will be given a chance to change his option with in a period of three months after getting the post graduate degree.

(3) No person shall be considered for first promotion in the service unless he/she is regularly selected on the post from which promotion is to be made in accordance with one of the methods of recruitment prescribed under the provisions of these rules.

Explanation: In case direct recruitment to a post has been made earlier than regular selection by promotion in a particular year, such of the persons who are or were eligible for appointment to that post by both the methods of recruitment and have been appointed by direct recruitment first, shall also be considered for promotion.

(4) No person shall be considered for promotion for three recruitment years from the date on which his/her promotion becomes due, if he/she has more than two children on or after 1st June, 2002 :

Provided that.-

(i) the person having more than two children shall not be deemed to be disqualified for promotion so long as the number of children he/she has on 1st June, 2002, does not increase.

(ii) where a person has only one child from the earlier delivery but more than one child are born out of a single subsequent delivery, the children so born shall be deemed to be one entity while counting the total number of children.

(iii) while counting the total number of children of a candidate, the child born from earlier delivery and having disability shall not be counted.

(iv) any candidates who performed remarriage which is not against any law and before such remarriage he is not disqualified for appointment under this sub-rule, he shall not be disqualified if any child is born out of single delivery from such remarriage.

(5) Selection for promotion on the post included in the service shall be made on the basis of seniority-cum-merit :

Provided that.-

(i) promotion on the highest post in the State service, if it is at least third promotion, shall be made on the basis of merit alone.

(ii) if the Committee is satisfied that suitable persons are not available for selection by promotion to the post strictly on the basis of merit in a particular year, selection by promotion to the post on the basis of seniority-cum-merit may be made in the same manner as specified in these rules.

(6) (i) The zone of consideration of persons eligible for promotion shall be as under:-

Number of vacancies Number of eligible persons to be considered

(a) for one vacancy five eligible persons

(b) for two vacancies eight eligible persons

(d) for four or more three times the number of vacancies. Vacancies

(ii) Where the number of eligible persons for promotion to higher post is less than the number specified above all the persons so eligible shall be considered.

(iii) Where adequate number of the candidates belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be, are not available with in the zone of consideration specified above, the zone of consideration may be extended upto seven times the number of vacancies and the candidates belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be, (and not any other) coming within the extended zone of consideration shall also be considered against the vacancies reserved for them.

(iv) for any post in the service, except otherwise provided in the schedules appended to these rules.-

(a) if promotion is from more than one category of posts in the same Level in Pay Matrix, eligible persons upto two in number from each category of posts in the same Level in Pay Matrix, shall be considered for promotion.

(b) if promotion is from more than one category of posts carrying different Level in Pay Matrix, eligible persons in the higher Level of Pay Matrix, shall be considered for promotion first and if no suitable person is available for promotion on the basis of merit or seniority cum merit, as the case may be, in the higher Level in Pay Matrix, than only the eligible persons of other categories of posts in lower Level in Pay Matrix, shall be considered for promotion and so on and so forth. The zone of consideration for eligibility in this case shall be limited to five senior most eligible persons in all.

(7) Except as otherwise expressly provided in this rule, the conditions of eligibility for promotion, constitution of the Committee and procedure for selection shall be the same as prescribed elsewhere in these rules.

(8) The Committee shall consider the cases of all the senior most persons who are eligible and qualified for promotion to the class of post(s) concerned under these rules and shall prepare a list containing names of the persons found suitable on the basis of seniority-cum-merit or on the basis of merit, as the case may be, as per the criteria for promotion laid down in these rules, equal to the number of vacancies determined under these rules. The list so prepared on the basis of seniority-cum-merit and/or on the basis of merit, as the case may be, shall be arranged in the order of seniority of the category of post(s) from which selection is made.

(9) The Committee may also prepare a list on the basis of seniority-cum-merit or on the basis of merit, as the case may be, as per the criteria for promotion laid down in these rules containing names of persons not exceeding the number of persons selected in the list prepared under sub-rule (8) above to fill temporary or permanent vacancies which may occur subsequently. The list so prepared on the basis of seniority-cum-merit or on the basis of merit, as the case may be, shall be arranged in the order of seniority in the category of post from which selection is made. Such a list shall be reviewed and revised by the Committee that meets in the subsequent year and that such list shall remain in force till the end of the last day of the year for which the meeting of the Committee is held.

(10) Lists prepared under sub-rule (8) and (9) shall be sent to the Appointing Authority together with Annual Performance Appraisal Reports/Annual Confidential Reports and other service records of all the candidates included in the lists as also of those not selected, if any.

Explanation: For the purpose of selection for promotion on the basis of merit, no person shall be selected if he/she does not have "Outstanding" or "Very Good" record of at least four out of seven years preceding the year for which the meeting of the Committee is held.

(11) If in any subsequent year, after promulgation of these rules, vacancies relating to any earlier year are determined under these rules which were required to be filled in by promotion, the Committee shall consider the cases of all such persons who would have been eligible in the year to which the vacancies relate irrespective of the year in which the meeting of the Committee is held and such promotion shall be governed by the criteria and procedure for promotion as was applicable in the particular year to which the vacancies relate and the service/experience of an incumbent who has been so promoted, for promotion to higher post for any period during which he/she has not actually performed the duties of the post to which he/she would have been promoted, shall be counted. The pay of a person who has been so promoted shall be re-fixed at the pay which he would have derived at the time of his/her promotion but no arrears of pay shall be allowed to him/her.

(12) The Government or the Appointing Authority may order for the review of the proceedings of the Committee held earlier on account of some mistake or error apparent on the face of record, or on account of a factual error substantially affecting the decision of the Committee or for any other sufficient reasons e.g. change in seniority, wrong determination of vacancies, judgment/direction of any Court or Tribunal, or where adverse entries in the Confidential Reports of an individual are expunged or toned down or a punishment inflicted on him/her is set aside or reduced. The concurrence of the Department of Personnel and the commission (where Commission is associated) shall always be obtained before holding the meeting of the review Committee.

(13) Where consultation with the Commission is necessary, the lists prepared by the Committee shall be forwarded to the Commission by the Appointing Authority along with the Annual Confidential Rolls/Annual Performance Appraisal Reports of all the persons whose names have been considered by the Committee.

(14) The Commission shall consider the lists prepared by the committee along with other relevant documents received from the Appointing Authority and unless any change is considered necessary shall approve the lists. In case the Commission considers it necessary to make any change in the lists received from the Appointing Authority, it shall inform the Appointing Authority of the changes proposed by it. After taking into account the comments of the Commission, if any, the Appointing Authority may approve the lists finally with such modification as may, in its opinion, be just and proper and when the Appointing Authority is an authority subordinate to the Government, the lists approved by the Commission shall be disturbed only with the approval of the Government.

(15) Appointments shall be made by the Appointing Authority taking persons out of the lists finally approved under sub-rule (14) in the order in which they have been placed in the lists, till such lists are exhausted or reviewed and revised or remain in force, as the case may be.

(16) The Government may issue instructions for provisionally dealing with promotions, appointments or other ancillary matters in an equitable and fair manner of persons who may be under suspension or against whom departmental proceedings is under progress at the time promotions are considered to a post to which they are eligible or would have been eligible but for such suspension or pendency of such enquiry or proceedings.

(17) The provisions of this rule shall have effect notwithstanding anything to the contrary contained elsewhere in any provision of these rules.

Rule - 33. Restriction of promotion of persons foregoing promotions.

In case a person, on his/her appointment by promotion to the next higher post either on the basis of urgent temporary appointment or on regular basis on the recommendation of the Committee, foregoes such an appointment through his/her written request, and if the concerned Appointing Authority accepts his/her request, the person concerned shall be debarred from consideration for promotion (both on the basis of urgent temporary appointment or on regular basis) for subsequent two recruitment years for which the Committee is held and the name of such a person who foregoes promotion shall not be included in the seniority-cum-eligibility list to be placed before the Committee for subsequent two recruitment years.

PART VI

APPOINTMENT, PROBATION AND CONFIRMATION

Rule - 34. Appointment to the service.

Appointment to the post in the service by direct recruitment or by promotion, as the case may be, shall be made by the Appointing Authority on occurrence of substantive vacancies from the candidates selected under rule 28 in order of merit and by promotion from the persons selected under rule 32 of these rules.

Rule - 35. Urgent temporary appointment.

(1) A vacancy in the service which cannot be filled in immediately either by direct recruitment or by promotion under these rules, may be filled in by the Government or by the Authority competent to make appointments as the case may be, by appointing in an officiating capacity thereto a person eligible for appointment to the post by promotion or by appointing temporarily thereto a person eligible for direct recruitment to the service, where such direct recruitment has been provided under the provisions of these rules:

Provided that.-

(i) such an appointment shall not be continued beyond a period of one year without referring the case to the Commission for concurrence where such concurrence is necessary and shall be terminated immediately on its refusal to concur.

(ii) in respect of the service or a post in the service for which both the methods of recruitment have been prescribed, the Government or Appointing Authority, as the case may be, competent to make appointment shall not, save with the specific permission of the Government in the Department of Personnel in the case of state service and Government in the Administrative Department concerned in respect of other service, fill the temporary vacancy against the direct recruitment quota by a whole time appointment for a period exceeding three months otherwise than out of persons eligible for direct recruitment and after a short term advertisement.

(2) In the event of non-availability of suitable persons fulfilling the requirement of eligibility for promotion, Government may, notwithstanding the condition of eligibility for promotion required under sub-rule (1) above, lay down general instructions for grant of permission to fill the vacancies on urgent temporary basis subject to such conditions and restrictions regarding pay and other allowances as it may direct. Such appointments shall however be subject to concurrence of the Commission as required under the said sub-rule.

Rule - 36. Seniority.

Seniority of persons appointed to the post encadred in the service shall be determined from the date of appointment on the post after regular selection in accordance with the provisions of these rules. Appointment on ad hoc or urgent temporary basis shall not be deemed to be appointment after regular selection :

Provided that.-

(1) the inter-se seniority of persons appointed to a post in a particular category by direct recruitment on the basis of one and the same selection, except those who do not join Service when a post is offered to them within a period of six weeks from the date of issue of order or longer, if extended by the Appointing Authority, shall follow the order in which their names have been placed in the list prepared under rule 28.

(2) if two or more persons are appointed to the service during the same year, a person appointed by promotion shall rank senior to a person appointed by direct recruitment.

(3) the persons selected and appointed as a result of a selection, which is not subject to review and revision, shall rank senior to the persons who are selected and appointed as a result of subsequent selection.

(4) the seniority inter-se of persons selected on the basis of seniority cum merit and on the basis of merit in the same selection shall be the same as in the next lower grade.

(5) the seniority inter-se of the persons adjudged suitable under sub-rule (3) of rule 6 shall be determined according to their length of continuous service and they shall en-bloc rank junior to all the persons appointed regularly by direct recruitment or by promotion upto the date of the commencement of these rules.

(6) interlacing of seniorities maintained by different ranges/divisions/appointing authorities on a post, for the purpose of promotion to the next higher post in the regular line of promotion, shall be made on the basis of dates of joining by the candidates to the post irrespective of placement in the seniority list maintained by the range/division/appointing authority concerned.

(7) name of the person who gets transferred to another range/division/appointing authority from the former range/division/appointing authority shall be placed below the junior most person already appointed to this post by the later range/division/appointing authority.

(8) reservation for Scheduled Castes and Scheduled Tribes employees, with consequential seniority, shall continue till the roster points are exhausted; and adequacy of promotion is achieved. Once the roster points are complete the theory of replacement shall thereafter be exercised in promotion whenever vacancies earmarked for Scheduled Castes/Scheduled Tribes employees occur.

Explanation: Adequate representation means 16% representation of the Scheduled Castes and 12% representation of the Scheduled Tribes in accordance with the roster point.

Rule - 37. Period of Probation.

(1) A person entering the service by direct recruitment against a clear vacancy shall be placed as the Probationer-trainee for a period of two years:

Provided that.-

(i) a person who is directly recruited on a post higher than the initial post of the State Service for which besides academic/professional qualifications some experience has been prescribed, shall be on probation of one year.

(ii) any period after such appointment during which a person has been on deputation on a corresponding or higher post shall count towards the period of probation.

(2) During the period of probation specified in sub-rule (1), each probationer trainee may be required to pass such Departmental Examination and to undergo such training as the Government may, from time to time, specify.

Rule - 38. Confirmation in certain cases.

(1) Notwithstanding anything to the contrary contained in the preceding rule, a person appointed to a post in the service temporarily or on officiating basis who, after regular recruitment by any one of the methods of recruitment prescribed under these rules, has not been confirmed within a period of six months after satisfactory completion of the period of probation of two years service in case he/she is appointed by direct recruitment as a probationer trainee or within a period of one year's service in case he/she is appointed by promotion, shall be entitled to be treated as confirmed in accordance with his/her seniority if.-

(i) he/she has worked on the post or higher post under the same Appointing Authority or would have so worked but for his/her deputation or training;

(ii) he/she fulfills conditions as are prescribed under rule relating to confirmation subject to the quota prescribed under these rules; and

(iii) permanent vacancy is available in the Department.

(2) If an employee referred to in sub-rule (1) above fails to fulfill the conditions mentioned in the said sub-rule the period mentioned in the said sub-rule may be extended as prescribed for a probationer trainee under the Rajasthan Civil Services (Departmental Examinations) Rules, 1959 and any other rules or by one year, whichever is longer. If the employee still fails to fulfill the conditions mentioned in sub-rule (1) above, he shall be liable to be discharged or terminated from such post in the same manner as a probationer trainee or reverted to his substantive or lower post, if any to which he may be entitled.

(3) The employee referred to in sub-rule (1) above, shall not be debarred from confirmation after the said period of service if no reasons to the contrary about the satisfactory performance of his work are communicated to him/her within the said period of service.

(4) The reasons for not confirming of any employee referred to in sub-rule (1) above shall be recorded by the Appointing Authority in his Service Book and Annual Performance Appraisal Report.

Explanation.- (i) Regular recruitment for the purpose of this rule shall mean.-

(a) appointment by either method of recruitment or on initial constitution of service in accordance with the rules made under the proviso to Article 309 of the Constitution of India;

(b) appointment to the post for which no Service Rules exist, if the post is within the purview of the Commission, recruitment in consultation with them;

(d) persons who have been made eligible for substantive appointment to a post under these rules shall be treated as having been regularly recruited:

Provided that it shall not include urgent temporary appointment or officiating promotion which is subject to review and revision:

(ii) Persons who hold lien on another cadre shall be eligible to be confirmed under this rule and they will be eligible to exercise an option whether they do not elect to be confirmed on the expiry of two years of their temporary appointment under this rule. In the absence of any option to the contrary they shall be deemed to have exercised option in favour of confirmation under this rule and their lien on the previous post shall cease.

Rule - 39. Unsatisfactory progress during probation.

If it appears to the Appointing Authority, at any time, during or at the end of the period of probation, that services of a probationer trainee are not found to be satisfactory, the Appointing Authority may revert him/her to the post on which he/she is regularly selected immediately preceding his/her appointment as probationer trainee or in other cases may discharge or terminate him/her from service. The appointing authority shall accord appropriate opportunity to the probationer-trainee before final orders are passed in this respect:

Provided that the Appointing Authority may, if it so thinks fit in any case or class of cases, extend the period of probation of any probationer trainee by a specified period not exceeding one year.

Rule - 40. Confirmation.

A probationer shall be confirmed in his/her appointment at the end of his/her period of probation, if.-

(a) he/she has passed the departmental examination and has successfully undergone such training, as Government may, from time to time specify;

(b) he/she has passed departmental test of proficiency in Hindi;

(c) the Government/Appointing Authority is satisfied that his/her integrity is unquestionable and that he/she is otherwise fit for confirmation.

PART V

PROCEDURE FOR RECRUITMENT BY PROMOTION

Rule - 31. Constitution of the Departmental Promotion Committee.

The constitution of the Committee shall be as under:

(a) For the post(s), appointments whereto are to be made by the Government, falling within the purview of the Commission:

1.	Chairman of the Commission or a member thereof nominated by him	Chairman
2.	Secretary-in-charge to the Government in Administrative Department or his nominee not below the rank of Deputy Secretary to the Government.	Member
3.	Secretary-in-charge to the Government in the Department of Personnel or his nominee not below the rank of Deputy Secretary to the Government.	Member
4.	Director of Secondary Education.	Member Secretary

(b) For the post (s), appointments whereto are to be made by the Director, falling within the purview of the Commission:

1.	Chairman of the Commission or a member thereof nominated by him.	Chairman
2.	Joint Secretary/Deputy Secretary to the Government in the Department of Education.	Member
3.	Joint Secretary/Deputy Secretary to the Government in the Department of Personnel.	Member
4.	Director of Secondary Education or Elementary Education, as the case may be.	Member
5.	Deputy Director, Secondary of the range concerned.	Member Secretary

(c) For the post(s), appointments whereto are to be made by the Joint Director of the range concerned, out side the purview of the commission:

1. Joint Director, Secondary Education of the Chairperson range concerned.

2. One Deputy Director, nominated by the Member Director, Secondary Education

3. One District Education Officer, nominated Member by the Director, Secondary Education.

Rule - 32. Criteria, Eligibility and Procedure for Promotion.

Provided that.-

(iii) the Senior Teacher, who gives his/her option will not be given chance to change it.

(4) No person shall be considered for promotion for three recruitment years from the date on which his/her promotion becomes due, if he/she has more than two children on or after 1st June, 2002 :

Provided that.-

(i) the person having more than two children shall not be deemed to be disqualified for promotion so long as the number of children he/she has on 1st June, 2002, does not increase.

(iii) while counting the total number of children of a candidate, the child born from earlier delivery and having disability shall not be counted.

(5) Selection for promotion on the post included in the service shall be made on the basis of seniority-cum-merit :

Provided that.-

(i) promotion on the highest post in the State service, if it is at least third promotion, shall be made on the basis of merit alone.

(6) (i) The zone of consideration of persons eligible for promotion shall be as under:-

Number of vacancies Number of eligible persons to be considered

(a) for one vacancy five eligible persons

(b) for two vacancies eight eligible persons

(d) for four or more three times the number of vacancies. vacancies

(ii) Where the number of eligible persons for promotion to higher post is less than the number specified above all the persons so eligible shall be considered.

(iv) for any post in the service, except otherwise provided in the schedules appended to these rules.-

(17) The provisions of this rule shall have effect notwithstanding anything to the contrary contained elsewhere in any provision of these rules.

Rule - 33. Restriction of promotion of persons foregoing promotions.

PART VI

APPOINTMENT, PROBATION AND CONFIRMATION

Rule - 34. Appointment to the service.

Rule - 35. Urgent temporary appointment.

Provided that.-

Rule - 36. Seniority.

Provided that.-

(2) if two or more persons are appointed to the service during the same year, a person appointed by promotion shall rank senior to a person appointed by direct recruitment.

(4) the seniority inter-se of persons selected on the basis of seniority cum merit and on the basis of merit in the same selection shall be the same as in the next lower grade.

Explanation: Adequate representation means 16% representation of the Scheduled Castes and 12% representation of the Scheduled Tribes in accordance with the roster point.

Rule - 37. Period of Probation.

(1) A person entering the service by direct recruitment against a clear vacancy shall be placed as the Probationer-trainee for a period of two years:

Provided that.-

(ii) any period after such appointment during which a person has been on deputation on a corresponding or higher post shall count towards the period of probation.

Rule - 38. Confirmation in certain cases.

(i) he/she has worked on the post or higher post under the same Appointing Authority or would have so worked but for his/her deputation or training;

(ii) he/she fulfills conditions as are prescribed under rule relating to confirmation subject to the quota prescribed under these rules; and

(iii) permanent vacancy is available in the Department.

(4) The reasons for not confirming of any employee referred to in sub-rule (1) above shall be recorded by the Appointing Authority in his Service Book and Annual Performance Appraisal Report.

Explanation.-

(i) Regular recruitment for the purpose of this rule shall mean.-

(a) appointment by either method of recruitment or on initial constitution of service in accordance with the rules made under the proviso to Article 309 of the Constitution of India;

(b) appointment to the post for which no Service Rules exist, if the post is within the purview of the Commission, recruitment in consultation with them;

(d) persons who have been made eligible for substantive appointment to a post under these rules shall be treated as having been regularly recruited:

Provided that it shall not include urgent temporary appointment or officiating promotion which is subject to review and revision:

Rule - 39. Unsatisfactory progress during probation.

Provided that the Appointing Authority may, if it so thinks fit in any case or class of cases, extend the period of probation of any probationer trainee by a specified period not exceeding one year.

Rule - 40. Confirmation.

A probationer shall be confirmed in his/her appointment at the end of his/her period of probation, if.-

(a) he/she has passed the departmental examination and has successfully undergone such training, as Government may, from time to time specify;

(b) he/she has passed departmental test of proficiency in Hindi;

(c) the Government/Appointing Authority is satisfied that his/her integrity is unquestionable and that he/she is otherwise fit for confirmation.

PART VII

PAY

Rule - 41. Scale of Pay.

The monthly Pay in the Level of Pay Matrix of a person appointed to a post in the service shall be such as may be admissible under the rules referred to in rule 43 or as may be sanctioned by the Government, from time to time.

Rule - 42. Pay during probation.

A probationer trainee appointed to the service by direct recruitment shall be paid monthly fixed remuneration during the period of probation at such rates as may be fixed by the Government, from time to time:

Provided that an employee having been regularly selected as per provisions of these rules in the Government service may be allowed emoluments in his/her own pay Level in pay matrix of the post during service as probationer trainee or fixed remuneration of the new post, as per provisions of rule 24 of Rajasthan Service Rules, 1951.

Rule - 43. Regulation of Pay, Leave, Allowances, Pension, Contributory Pension etc.

Except as provided in these rules, the pay, allowances, Pension, contributory pension, leave and other conditions of service of the members of the service, shall be regulated by.-

(i) The Rajasthan Service Rules, 1951, as amended from time to time;

(ii) The Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, as amended from time to time;

(iii) The Rajasthan Travelling Allowance Rules, 1971, as amended from time to time;

(iv) The Rajasthan Civil Services (Conduct) Rules, 1971, as amended from time to time;

(v) The Rajasthan Civil Services (Pension) Rules, 1996, as amended from time to time;

(vi) The Rajasthan Civil Services (Revised Pay Scales) Rules, 1998, as amended from time to time;

(vii) The Rajasthan Civil Services (Contributory Pension) Rules, 2005, as amended from time to time;

(viii) The Rajasthan Civil Services (Revised Pay) Rules, 2008, as amended from time to time;

(ix) The Rajasthan Civil Services (Revised Pay) Rules, 2017, as amended from time to time; and

(x) Any other rules prescribing general conditions of service made by the appropriate authority under the proviso to Article 309 of the Constitution of India and for the time being in force.

Rule - 44. Power to relax rules.

In exceptional cases where the Administrative Department of the Government is satisfied that operation of the rules relating to age or regarding requirement of experience for recruitment causes undue hardship in any particular case or where the Government is of the opinion that it is necessary or expedient to relax any of the provisions of these rules with respect to age or experience of any person, it may, with the concurrence of the Department of Personnel, and in consultation with the Commission where necessary by order dispense with or relax the relevant provisions of these rules to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner:

Provided that.-

(i) such relaxation shall not be less favourable than the provisions already contained in these rules. Such cases of relaxation shall be referred to the Commission by Administrative Department, concerned;

(ii) relaxation in the prescribed period of service or experience under this rule shall only be granted to the extent of 1/3 period of the service or experience prescribed for promotion to any post before holding the meeting of the Departmental Promotion Committee;

(iii) where the prescribed period of experience for promotion to any post is less than 6 years, a committee headed by the Chief Secretary comprising of Principal Secretary Finance, Principal Secretary/Secretary Department of Personnel and Principal Secretary/Secretary of the Administrative Department, may consider the cases where forty five percent or more posts are vacant. The committee is empowered to suggest the quantum of relaxation in experience which may be granted in such cases to address the issue of large number of vacancies in promotional posts subject to condition that such relaxation in experience shall not be more than two years.

Rule - 45. Removal of Doubts.

If any doubt arises relating to the application and scope of these rules, it shall be referred to the Government in the Department of Personnel whose decision thereon shall be final.

Rule - 46. Repeal and Saving.

The Rajasthan Educational Service Rules, 1970 and the Rajasthan Educational Subordinate Service Rules, 1971 and all orders issued in relation to matters covered by these rules and in force immediately before the commencement of these rules are hereby repealed:

Provided that any action taken under the rules and orders so repealed shall be deemed to have been taken under the provisions of these rules.