THE CHHATTISGARH VETERINARY CLASS-III (EXECUTIVE AND NON-MINISTERIAL) SERVICE RECRUITMENT RULES, 2009

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Chhattisgarh hereby makes the following rules, relating to the Recruitment to the Chhattisgarh Veterinary Class-III (Executive and Non-Ministerial) Service, namely:

Rule - 1. Short title and commencement.

(1)     These rules may be called the Chhattisgarh Veterinary Class-III (Executive and Non-Ministerial) Service Recruitment Rules, 2009.

(2)     These rule shall come into force with effect from the date of their publication in the Official Gazette.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires:

(a)      "Appointing Authority" in respect of the service or a post means such authority to whom the powers to appoint in the services have been assigned by the Government;

(b)      "Committee" means the selection committee, constituted by the State Government;

(c)      "Examination" means a competitive examination for recruitment conducted under Rule 11 of these rules;

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

(e)      "Governor" means the Governor of Chhattisgarh;

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

(g)      "Scheduled Castes" means the Scheduled Castes as specified in relation to this State under Article 341 of the Constitution of India;

(h)     "Scheduled Tribes" means the Scheduled Tribes as specified in relation to this State under Article 342 of the Constitution of India;

(i)       "Other Backward Classes" means the Other Backward Classes of citizens as specified by the State Government vide Notification No. F-8-5/XXV-4-84, dated 26-12-84 as amended from time to time;

(j)       "Services" means the Chhattisgarh Veterinary Class-III (Executive and Non-Ministerial) Service;

(k)      "State" means the State of Chhattisgarh.

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:

(a)      Persons who at the time of commencement of these rules are holding substantively/officiating the posts specified in the Schedule I;

(b)      Persons recruited to the service before the commencement of these rules;

(c)      Persons recruited to the service in accordance with the provisions of these rules.

Rule - 5. Classification, Scale of Pay etc.

The classification of the service, related 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 on a permanent or temporary basis.

Rule - 6. Method of Recruitment.

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

(a)      By direct recruitment, by Competitive Examination/Selection;

(b)      By promotion of members of the Service specified in column (2) of Schedule IV;

(c)      By transfer/deputation of persons, who hold in a substantive or officiating capacity such posts in such services, as may be specified in this behalf by the State Government.

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

(3)     Subject to the provisions of these rules, the method or methods of recruitment to be adopted for the purpose of filling any particular vacancy or vacancies in the service as may be required to be filled during any particular period of recruitment and the number of persons to be recruited by each method, shall be determined on each occasion by the Appointing Authority in consultation with the Government.

(4)     Notwithstanding anything contained in sub-rule (1), if in the opinion of the Appointing Authority, the exigencies of the service so require the Appointing Authority may, with prior concurrence of the General Administration Department adopt such methods of recruitment to the service other than those specified in said sub-rule, as it may, by order issued in this behalf, prescribe.

(5)     Criteria for Selection on merit basis for filling the post by direct recruitment shall be fixed by the Government. However, Appointing Authority should set up a selection committee which can adopt other reasonable criteria instead of these criteria with the consent of the Government.

(6)     At the time of recruitment the provisions of Chhattisgarh Public Service (Scheduled Castes, Scheduled Tribes and Other Backward Classes Reservation) Act, 1994, and the directions issued from time to time by General Administration Department shall be applicable.

Rule - 7. Appointment to the Service.

All appointments to the service after the commencement of these Rules shall be made by the Appointing Authority and no such appointment shall be made except after selection by one of the methods of recruitment specified in Rule 6.

Rule - 8. Conditions of eligibility for direct recruitment.

In order to be eligible for competitive examination/selection, candidate must satisfy the following conditions, namely:

(1)     Age

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

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

(c)      The upper age limit shall be relaxableupto a maximum of 10 (Ten) years to women candidates, in accordance with the provisions of the Chhattisgarh Civil Services (Special Provisions for Appointment of Women) Rules, 1997.

(d)      The upper age limit shall be relaxable in respect of candidates who are or have been employees of the Chhattisgarh Government to the extent and subject to the conditions specified below:

(i)       A candidate who is a permanent or temporary Government Servant of Chhattisgarh should not be more than 38 years of age.

(ii)      A candidate, holding a post temporarily and applying for another post should not be more than 38 years of age. This concession shall also be admissible to the work charged employees and employees working in the Project Implementation Committee.

(iii)     A candidate who is a retrenched Government Servant shall be allowed to deduct from his age the period of all temporary services previously rendered by him upto a maximum limit of 7 years even if it represents more than one spell, provided that the resultant age docs not exceed the upper age limit by more than three years.

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

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

Explanation. The term "Ex-serviceman" (Military) denotes a person who belongs to any of the following categories and who was employed under the Government of India for a continuous period of not less than six months and who retrenched or declared surplus as a result of the recommendation of the Economy Unit or due to normal reduction in establishment not more than three years before the date of his registration at any Employment Exchange or of application made otherwise for employment in Government service:

(1)     Ex-servicemen released under mustering out concessions;

(2)     Ex-servicemen enrolled for the second time and discharged or

(a)      completion of short-term engagement;

(b)      fulfilling the condition of enrollment;

(3)     Ex-personnel of Madras Civil Unit;

(4)     Officers (Military and Civil) discharged on completion of their contract (including Short Service Regular Commissioned Officers);

(5)     Officers discharged after working for more than six months continuously against leave vacancies;

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

(7)     Ex-servicemen who are medically boarded out on account of gun-shot wounds, etc.

(8)     Ex-servicemen invalidated out of service.

(e)      The upper age limit shall also be relaxable up to a maximum two years for those candidates who are holding green card under the Family Welfare Programme.

(f)       The upper age limit shall be relaxable up to five years in respect of awarded superior caste partner of a couple under the Inter-Caste Marriage Incentive Programme of the Tribal. Scheduled Caste and Backward Classes Welfare Department.

(g)      The upper age limit shall also be relaxableupto five years in respect of the Shaheed Rajiv Pandey Award. Gundadhur and Maha Raja Praveer Chand Banjdeo Awards holder candidates and National Youth Award holder youth candidates.

(h)     The upper age limit shall be relaxableupto 38 years of age in respect of candidates who are employees of Chhattisgarh State Corporations/Boards.

(i)       The upper age limit shall be relaxable for voluntary Home Guards and non-commissioned officers of Home Guard for the period of service rendered by them subject to the limit of 8 years but in no case their age should exceed 38 years and the instructions issued from time to time by General Administrative Department regarding age limit will be applicable.

Note: (1) Candidates, who are found eligible for selection under age concessions mentioned in sub-clause (i) and (ii) of Clause (d) of rule 8 above shall not be eligible for appointment if after submitting the application, they resign from service, either before of after the selection, they will however continue to be eligible, if they are retrenched from the service of post after submitting the application, age limit shall not be relaxed in any other case.

(2) Departmental candidates must obtain previous permission of their appointing authority to appear for the examination/selection.

(j)       In any case the maximum age to get eligible for Government job shall not exceed 45 years, irrespective of age relaxation under one or more then one category mentioned above.

(2)     Educational Qualifications.The candidate must possess the educational qualifications prescribed for the service as shown in Schedule III, provided that

(a)      In exceptional cases the Appointing Authority may treat as qualified any candidate, who though not possessing any of the qualifications prescribed in these rules, but has passed examinations conducted by other Institution/Universities by such standard for which the appointing authority considers the candidate eligible to appear in the examination/selection; and

(b)      Candidates, who are otherwise qualified but have taken degrees from foreign Universities, being Universities not specifically recognised by the Government may also be considered for appearing in the examination/selection at the discretion of the Appointing Authority.

(3)     Fees.The candidate must pay the fees prescribed by the Appointing Authority.

Rule - 9. Disqualification.

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

Rule - 10. Appointing authority's decision about eligibility of candidates shall be final.

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

Rule - 11. Direct Recruitment by Competitive Examination/Selection.

(1)     Direct Recruitment by Competitive Examination.Appointing Authority will constitute a selection committee comprising of three members.

(i)       The Competitive examination for recruitment to the service shall be held at such interval as the Appointing Authority may in consultation with the Government, determine, from time to time.

(ii)      The examination shall be held by the Appointing Authority in accordance with such orders issued by the Government from time to time.

(2)     Direct Recruitment by Selections

(i)       The selection for direct recruitment to the service will be held at such time intervals as determined by the Appointing Authority;

(ii)      Selection of candidates will be made by the Selection Committee based on interview;

(iii)     Selection Committee will be constituted by the Appointing Authority at appropriate time intervals.

(3)     There shall be reserved posts for the candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes at the stage of direct recruitment in accordance with the provisions contained in the Chhattisgarh Public Service (Scheduled Castes, Scheduled Tribes and Other Backward Classes Reservation) Act, 1994 (No. 21 of 1994); and the instructions issued by the State Government from time to time.

(4)     In filling the vacancies so reserved, candidates who are members of the Scheduled Castes. Scheduled Tribes and Other Backward Classes shall be considered for appointment in the order in which their names appear in the list referred to in Rule 12 irrespective of their relative rank as compared with other candidates.

(5)     Candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes declared by the Committee to be suitable for appointment to the Service with due regard to the maintenance of efficiency of administration, may be appointed to the vacancies reserved for the candidates of the Scheduled Castes, Scheduled Tribes and Other Backward Classes, as the case may be under sub-rule (3).

(6)     There shall be 30% reserved posts for women candidates, in accordance with the provisions of Chhattisgarh Civil Services (Special Provision for Appointment of Women) Rules, 1997.

(7)     In such cases, where experience of some period has been prescribed as an essential condition for the post to be filled in by direct recruitment and it is found in the opinion of the Competent Authority that there is a possibility, that the candidate belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes may not be available in sufficient number, the Competent Authority may relax the condition of experience in respect to the candidates of Scheduled Castes, Scheduled Tribes and Other Backward Classes after consultation with the State Government.

(8)     There shall be reserved post for disabled candidates in accordance with the direction of the General Administration Department.

Rule - 12. List of candidates recommended by the Committee.

(1)     The Selection Committee shall prepare and forward a list to the Appointing Authority arranged in order of merit of the candidates who have qualified by such standards, as determined by the Selection Committee and a list of the candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes who, though not qualified by that standard, but are declared by the Selection Committee to be suitable for appointment to the service with due regard to the maintenance of efficiency of administration. The list shall also be published for general information.

(2)     Subject to the provisions of these rules and of the Chhattisgarh Civil Services (General Conditions of Service) Rules, 1961 candidates shall be considered for appointment to the available vacancies in the order in which their names appear in the list.

(3)     The inclusion of a candidate's name in the list confers no right to appointment unless the Appointing Authority is satisfied, after such enquiry as may be considered necessary, that the candidate is suitable in all respects for appointment to the service.

Rule - 13. Appointment by Promotion.

(1)     For preliminary selection of eligible candidate a committee consisting the members as mentioned in column (5) of Schedule IV shall be constituted:

Provided that for the purpose of the constitution of the Committee under this sub-rule the provisions of Section 8 of Chhattisgarh Lok Seva (Scheduled Castes, Scheduled Tribes and Other Backward Classes Reservation) Adhiniyam, 1994 (No. 21 of 1994) shall also be adhered to.

(2)     The Committee shall meet at such intervals as the Appointing Authority may direct but ordinarily not exceeding one year.

(3)     Promotion shall be as per the Chhattisgarh Public Service (Promotion) Rules, 2003.

(4)     Procedure for making promotion in the reserved vacancies shall be in accordance with the instructions issued by the Government/General Administration Department, from time to time.

Rule - 14. Conditions of eligibility for promotion.

The Committee shall consider the cases of all persons, who on the 1st day of January of that year, have completed the period of service shown in column (2) of Schedule IV (whether officiating or substantive) in the post/service mentioned in Column (4) of Schedule IV or any other post or posts declared equivalent thereto by the Government.

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

(2) In the matter of promotion, the provisions of Chhattisgarh Public Service (Promotion) Rules, 2003 shall be applicable.

(3) Promotion shall be done according to reservation Roster prescribed for promotion by Government.

Rule - 15. Preparation of list of suitable Candidates.

(1)     The Committee shall prepare a list of such persons as satisfy the conditions prescribed in Rule 14 above and as held by the Committee to be suitable for promotion to the service. This list shall be sufficient to cover anticipated vacancies on account of retirement and promotions during the course of period of one year from the date of preparation of the list.

(2)     The criteria for preparation of select list shall be based on seniority subject to fitness as per provisions of Chhattisgarh Public Service (Promotion) Rules, 2003.

(3)     As per the provisions of Chhattisgarh Civil Services (General Condition of Services) Rules, 1961 the name of person included in the select list shall be arranged in order of seniority in the service or posts specified in column (2) of Schedule IV at the time of preparation of each select list.

Explanation. The person whose name is included in select list but who is not promoted during the validity of list, shall have no claim to seniority over those persons considered in a subsequent selection merely by the fact of his earlier selection.

Rule - 16. Select list.

(1)     The list as finally approved by the Appointing Authority shall be the Select List for promotion of the members of the service from the posts mentioned in column (2) of Scheduled IV, to the posts as mentioned in column (3) of Schedule IV.

(2)     The select list shall ordinarily be in force for a period of one Calendar year:

Provided that, in the event of grave lapses in the conduct on performance of duties on the part of any person included in the Select List, a special review of the Select List may be made at the instance of the appointing authority and if the committee may, if it thinks fit, remove the name of such person from the select list.

Rule - 17. Appointment to the service from the select list.

(1)     Appointment of the employees included in the select list of posts borne on the cadre of the service shall follow the order in which the name of such member appear in the select list.

(2)     It shall not ordinarily be necessary to consult the Committee before appointment of a person whose name is included in the select list to the service unless during the period intervening between the inclusion of his name in the select list and the date of his proposed appointment, there occurs any deterioration in His work which, in the opinion of the Appointing Authority is such as to render him unsuitable for appointment to the service.

Rule - 18. Probation.

Every person recruited directly or by promotion to the service shall be appointed on probation for a period of two years.

Rule - 19. Interpretation.

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

Rule - 20. Relaxation.

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

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

Rule - 21. Saving.

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

Rule - 22. Repeal.

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

SCHEDULE II

See Rule 6

SCHEDULE III

[See Rule 6]

SCHEDULE IV

[See Rule 14]