THE "CHHATTISGARH PANCHAYAT SHIKSHA KARMI (RECRUITMENT AND CONDITIONS OF SERVICES) RULES, 2007"

PREAMBLE

In exercise of the powers conferred by clause (b) of sub-section (1) of Section 53 and sub-section (1) of Section 70 read with subsection (1) of Section 95 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994), the State Government hereby makes the Chhattisgarh Panchayat ShikshaKarmi (Recruitment and Conditions of Services) Rules 2007, the same having been previously published as required by the sub-section (3) of Section 95 of the said act namely:

Rule - 1. Short title and commencement.

(1)     These rules may be called the "Chhattisgarh Panchayat ShikshaKarmi (Recruitment and Conditions of Services) Rules, 2007".

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

Rule - 2. Definition.

In these rules unless the context otherwise requires,

(a)      "Adhiniyam" means the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994);

(b)      "Appointing Authority" in respect of ShikshaKarmi means the authority specified in column (5) of Schedule-I;

(c)      "Examination" means a competitive examination for recruitment to the service;

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

(e)      "Panchayat" means Zila Panchayat or Janpad Panchayat or Gram Panchayat, as the case may be constituted under the Adhiniyam;

(f)       "ShikshaKarmi" means the person appointed by Zila Panchayat or Janpad Panchayat as the case may be, for teaching in schools under their control;

(g)      "Other Backward Classes" mean other backward classes of citizens as specified by the State Government vide notification No. F8-5-XXV-4-84, dated 26th December, 1984 as amended from time to time;

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

(i)       "Scheduled Caste" means the schedule castes as specified in relation to this State under article 341 of the Constitution of India;

(j)       "Scheduled Tribe" means the schedule tribes as specified in relation to this State under article 342 of the Constitution of India;

(k)      "Screening Committee" means the committee constituted for screening of application of candidates;

(l)       "Selection Committee" means the committee constituted under sub clause (x) of Clause (g) of Sub-rule 7 of Rule-6;

(m)    "Standing Committee" means the ShikshaSamiti of Zila Panchayat or Janpad Panchayat as constituted under the adhiniyam as the case may be;

(n)     The words and expressions used but not defined in these Rules, shall carry the same meaning as have been assigned to them in the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994).

Rule - 3. Scope and application.

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

Rule - 4. Constitution of the Service

The Service shall consist of the following persons, namely

(1)     Persons who at the commencement of these rules are holding substantively post specified in the Schedule-I,

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

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

Rule - 5. Classification, scale and pay, etc.

The classification of the Service, the scale of pay 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 in a permanent or temporary basis.

Rule - 6. Method of recruitment.

(1)     Recruitment to the Service, after the commencement of these rules, shall be made by the following methods, namely;

(a)      by direct recruitment by competitive examination or selection by merit or by both.

(b)      by promotion of substantive members of the Service as mentioned in column 2 of Schedule IV.

(c)      by transfer of persons holding substantively such post in such service as may be specified.

(2)     The percentage of posts to be filled by direct recruitment and promotion shall be as per column (3) and (4) of Schedule-III.

(3)     The eligibility for direct recruitment and promotion shall be as per the conditions given in Schedule-II.

(4)     For direct recruitment of ShikshaKarmis the number of posts that shall be reserved for Scheduled Caste, Scheduled Tribe and other backward classes shall be as per the Chhattisgarh LokSeva (AnusuchitJati, AnusuchitJanjatiAur Anya PichhadaVargonkeLiyeArakshan) Adhiniyam. 1994 (No.21 of 1994).

(5)     Reservation shall be made for Women, Physically handicapped, Ex-Service men and other categories as mentioned in the State Government rules.

However, the above posts can be filled from other category of candidates if after sending copies of the advertisement notices to the employment office, district Sainik Welfare Board or Director General Rehabilitation, no suitable candidates of the said category are available.

(6)     Posts of ShikshaKarmi shall be,

(i)       advertised in at least one of the daily newspaper widely circulated in the area,

(ii)      notified in the local employment office,

(iii)     displayed on the notice Board of the concerned Janpad Panchayat or Zila Panchayat, as the case may be.

(7)     The following scrutiny committee shall be constituted for the scrutiny of the application forms received in the prescribed proforma

(a)      For the Scrutiny of the application of ShikshaKarmi Grade 1 and 2, the committee shall comprise of CEO (Zila Panchayat), Joint/Dy. Director, Panchayat and Social Welfare, District Education Officer and Assistant Commissioner, Tribal Development.

(b)      The scrutiny committee for ShikshaKarmi Grade 3 shall comprise of CEO (Janpad Panchayat), Block Education Officer and Panchayat and Social Education Organizer.

(c)      If the applications received from the qualified candidates for the posts of ShikshaKarmi Grade 1, 2 and 3 are less than the number of posts available then the selection shall be made on the basis of marks obtained, by the qualified candidates. For this the selection shall be made on the basis of merit. There shall be no written examination and interview for these candidates.

(d)      If the applications received from the qualified candidates are more than the available posts then a written examination shall be conducted.

(e)      The posts that remain vacant after filling from the qualified candidates shall be filled through conducting examination after the qualifications entered in Note-2 of Schedule-II are deemed to be relaxed.

(f)       There shall be no interview after the examination for selection. The Selection shall be on the basis of marks obtained in written examination.

(g)      Procedure for selection examination

(i)       The application shall be submitted in the prescribed proforma.

(ii)      No scrutiny shall be made before the examination in case the examination is conducted. It shall be the responsibility of the candidates before appearing in the examination to ascertain that they possess the prescribed qualifications.

(iii)     Selection-examination shall consist of objective questions of 100 marks. Four alternative answers to each question shall be given.

(iv)    Examination shall be of three hours duration.

(v)      The result of the written examination shall be published. Model answers shall be published with the result.

(vi)    Examination shall be conducted on the same date and time in all the districts as far as possible. The time table shall be issued at the State level.

(vii)   Examination shall be conducted at the district level as far as possible,

(viii)  Examination fee shall be levied from the applicants.

(ix)    Examination may be conducted by any other organization selected by the appointing authority on the approval of the government.

(x)      For conduction of examination and announcement of results a selection committee may be constituted which shall comprise of Chief Executive Officer (Zila Panchayat), Joint/Deputy Director Panchayat and Social Welfare, District Education Officer and Assistant Commissioner, Tribal Development as members. District Education Officer, Assistant Commissioner, Tribal Development as the case may be, will be convener of selection Committee. All other administrative and statutory works related to selection shall be performed by concerned appointing authority. Selection Committee shall produce selection list before appointing authority. If appointment is not done by appointing Authority within 15 days, then Chief Executive Officer of Zila Panchayat/Janpad Panchayat as the case may be, shall make appointment.

(xi)    The entire selection list together with the waiting list shall be valid for one year after the declaration of the examination result & new post sanctioned of post vacant because of any reason in this period shall be filled by this waiting list.

(xii)   The merit list of grade wise candidates, shall be displayed on the notice board of Zila Panchayat or Janpad Panchayat by the appointing authority,

(xiii)  The merit list shall be published separately grade wise, subject-wise and subject group wise of the qualified candidates and other (Relaxation) candidates,

(xiv)  The appointment shall be made from the select list on the basis of roaster prescribed by the State Government under Chhattisgarh LokSewa (Scheduled Caste, Scheduled Tribes and Other Backward Class Reservation) Act, 1994 (21 of 1994) and the roaster maintained by Zila Panchayat and Janpad Panchayat as the case may be.

(8)     In general the Zila Panchayat or Janpad Panchayat shall select and appoint during summer vacation before beginning of academic session.

Rule - 7. Compassionate Appointment.

Not withstanding under rule 5, State Government may sanction additional posts of ShikshaKarmis as it deem fit on the basis of compassionate ground after the recommendation of collector of eligible candidates.

Rule - 8. Probation.

Every selected candidate by direct recruitment to the post of ShikshaKarmi shall be appointed for a specific school on probation for two years which may be extended up to five years so that ShikshaKarmi may work for the entire probation period in the same school. At the end of every year appointing authority will assess the work of ShikshaKarmi.

After the probation period of two years on the basis of conduct and work of ShikshaKarmi the Panchayats may terminate the probation period. In case the work of ShikshaKarmi is not found satisfactory then the probation period may be extended for one to two years there after their work shall be assessed after the end of the extended period. If their services are not found satisfactory their services shall be terminated.

Provided that the appointed ShikshaKarmi if does not obtain the prescribed educational qualification after five years of joining shall not be entitled for increments till he obtains the required qualification.

Rule - 9. Promotion.

(1)     Appointment shall be made on promotion as prescribed in Schedule-IV through departmental promotion committee.

(2)     The provisions with necessary changes in Chhattisgarh Civil Sewa (Reservation in Promotion and Limit of extension of zone of consideration) Rule, 2003 shall be applicable for the promotion of ShikshaKarmis.

Rule - 10. Discipline and Control.

ShikshaKarmis shall be under the administrative control of Zila Panchayat or Janpad Panchayat as the case may be. The general administrative standing committee of Zila Panchayat or Janpad Panchayat as the case may be shall be the disciplinary authority for major punishment and CEO of concerned Panchayat shall be the disciplinary authority for minor punishment.

Rule - 11. Termination of Service.

The services of a ShikshaKarmi may be terminated after a written notice of one month or paying salary of one month at any time by appointing authority or ShikshaKarmi.

Rule - 12. General Service Condition.

Conditions of service other than mentioned above shall be the same as applicable to employees of Janpad Panchayat or Zila Panchayat as the case may be.

Rule - 13. Appeal.

Any order passed under these rules shall be appealed under the provisions of the Adhiniyam.

Rule - 14. Interpretation.

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

Rule - 15. Relaxation.

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

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

Rule - 16. Repeal and Saving.

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

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

SCHEDULE-I

[See Rule 2(b)]

A.        Number of posts of different grades of ShikshaKarmis for each school shall be determined by District Education Officer or as the case may be by the Assistant Commissioner, Tribal Development.

B.        On receipt of comprehensive and certified proposals the Government shall approve posts of ShikshaKarmi for each Panchayat from time to time.

SCHEDULE-II

[See Rule 2(c) and Rule 5]

Note: 1. The Age relaxation for Scheduled Caste, Secheduled Tribe, Other Backward classes & Women candidates shall be as per Government Rules.

2. In case of non-availability of B.Ed. or D.Ed. candidates the relaxation from educational qualifications shall be assumed.

3. Candidates from Biology and Mathematics Group shall be appointed as per the requirement in the Science Group.

4. For three ShikshaKarmi in the Language group one each from Hindi, English and Sanskrit shall be selected English ShikshaKarmi Grade-II shall be essentially a graduate with English Literature.

5. Fifty percent of the vacancies of ShikshaKarmi Grade-3 shall be filled by candidates of Science Group.

6. Post Graduate Degree in Botany or Zoology shall be accepted for Biology Group.

SCHEDULE-III

[See Rule 5(1)]

Note: 1. The Deputy Director Education or, as the case may be, Assistant Commissioner Tribal shall determine and certify the vacancies for direct recruitment and promotion of ShikshaKarmis of different grades as per the requirements in schools.

2. As per the rule if candidates for promotion are not available then posts of promotion can also be filled up by direct recruitment. However, after this, if candidates acquire requisite qualification for promotion then they shall be promoted subject to the limit of 50 percent of the total sanctioned vacancy of related subject or subject group. It shall be presumed that supernumerary posts have been created for them and the post from which they have been promoted shall be kept vacant till the supernumerary post so created is adjusted against regular sanctioned promotional posts. Supernumerary posts shall be adjusted against the promotional posts falling vacant in future.

SCHEDULE-IV

[See Rule 8]