THE UTTAR PRADESH PROMOTION BY SELECTION IN CONSULTATION WITH PUBLIC SERVICE COMMISSION (PROCEDURE) RULES, 1970[1]

PART I

PRELIMINARY

Rule - 1. Short title and commencement.--

(1)     These rules may be called Uttar Pradesh Promotion by Selection in Consultation with Public Service Commission (Procedure) Rules, 1970.

(2)     They shall come into force at once.

Rule - 2. Extent of application.--

These rules shall apply to all services and posts in connection with the affairs of Uttar Pradesh to which recruitment by promotion is required to be made by selection in consultation with the Uttar Pradesh Public Service Commission otherwise than on the results of a competitive examination.

Rule - 3. Overriding effect of these rules.--

The provisions of these rules shall have effect notwithstanding anything inconsistent therewith in any service rules in force immediately before the commencement of these rules.

Rule - 4. Definitions.--

In these rules, unless the context otherwise requires,--

[2] [(a) "Appointing authority" in relation to any service or post means the authority empowered to make appointments to that service or post, and in the case of the Governor being the appointing authority includes the Chief Secretary to Government or the Secretary, or Special Secretary to Government in the Department concerned;

(b) ???"Commission" means the Uttar Pradesh Public Service Commission;

(c) ???"Government" means the Government of Uttar Pradesh;

(d) ???"Governor" means the Governor of Uttar Pradesh;

(dd) [3] [* * *]

(e) ???"Service rules" means rules, regulations or Government Orders regulating recruitment to, or the conditions of service of persons appointed to, any service or post in connection with the affairs of Uttar Pradesh;

(f) ???"Year of recruitment" means the period of twelve months beginning from the first day of July of a calendar year.

PART I

I

CRITERIA FOR PROMOTION

Rule - 5. Criterion for promotion.---

(1)     Where any service rules provide either "strict merit" or "primarily on merit" or "rigorous selection on merit from the whole field of eligibility" or "strictly on merit' or "seniority counting where merits are equal" or any such other criterion, howsoever, expressed, as lays primary stress on merit as the basis of selection for promotion, the criterion to be followed on and after the commencement of these rules shall be "merit".

(2)     Where any service rules provide either "seniority" or "seniority-cum-fitness" or "seniority subject to the rejection of the unfit" or any such other criterion, howsoever, expressed, as lays primary stress on seniority as the basis of selection for promotion, the criterion to be followed on and after the commencement of these rules shall be "seniority subject to the rejection of the unfit."

(3)     In all cases in which no service rules exist, or in which the service rules do not lay down clearly which of the two criteria for promotion mentioned in sub-rules (1) and (2) is to be followed, such criterion of the two shall be followed as may be decided upon by the Governor in consultation with the Commission.

Rule - 6. Other conditions of eligibility.--

(1)     [4]Nothing in these rules shall affect any provision in any service rule in respect of the conditions of eligibility for promotion relating to age, educational or technical qualifications, nature of experience or length of service except to the extent that the relevant date with reference to which a candidate shall be deemed to have fulfilled such conditions shall be the date of commencement of the year of recruitment.

(2)     In the absence of any provision in the service rules in respect of the conditions of eligibility as aforesaid, the said conditions shall be such as may be determined by the Governor in consultation with the Commission.

(3)     [5] [* * *]

PART I

II

PROCEDURE OF PROMOTION

WHERE THE CRITERION IS MERIT

Rule - 7. Application of this part.--

Where by virtue of the provisions of Rule 5 promotion is to be made on the criterion of merit, the procedure laid down in this Part shall be followed.

7-A. Re-arrangement of the Select List 'A'.--

[6] [ * * * ]

Rule - 7-B. Appointment from Select List 'B'.--

[7] [ * * * ]

Rule - 8. Preparation of eligibility list.--

The appointing authority shall prepare a list (hereinafter in this Part referred to as the eligibility list) of the senior most eligible candidates containing names so far as may be in the following proportion :

[8] [3 times the number of vacancies subject to the minimum of 8 :]

Provided that if recruitment is to be made for vacancies occurring during more than one year of recruitment, separate eligibility lists will be prepared in respect of each such year. In such a case while preparing the eligibility list for second and subsequent years of recruitment, the number of candidates to be included in the eligibility list shall be--

(a) for the second year	...	The number according to the said proportion plus the number of vacancies in the first year;
(b) for the third year	...	The number according to the said proportion plus the number of vacancies in the first and second years; and so on :

Provided further that candidates who are not considered suitable, prima facie, for promotion shall not be taken into account in calculating the said proportion, and a note to the effect that they are not so considered shall be added against their names :

Provided also that in the case of higher research posts in departments in which research work is done, the names of all eligible candidates shall be included in the list irrespective of the number of vacancies.

Explanation I.--In this rule--

[9] [(a) "the number of vacancies" means the total number of substantive, temporary or officiating vacancies occurring during the year of recruitment, [10] [ * * * ]

(b) ??"higher research posts" means posts requiring technical knowledge and ability of a high order for undertaking and guiding research work.

Explanation II.--A single eligibility list shall be prepared to cover all types of vacancies.

[11] [Provided also that if eligibility list is being prepared for substantive vacancies, the names of candidates who have previously been appointed in temporary or officiating vacancies from List 'B' shall be included in the eligibility list if otherwise found eligible.]

Rule - 9. Sending of list to Commission.--

The appointing authority shall forward to the Commission the eligibility list or lists together with the gradation list of all persons within the field of eligibility and the character rolls of the candidates included in the eligibility list or lists, and also intimate to it the numbers of different types of vacancies taken into account for the purpose of preparing the list or lists.

Rule - 10. Revision of eligibility list--

If in any case the Commission feels that the requisite number of suitable candidates may not be available from amongst those whose names are included in the list or lists received by it under Rule 9, it may ask the appointing authority to include therein the names and character rolls of such larger number of the senior-most, or of all, eligible candidates, as it thinks fit, and the appointing authority shall notwithstanding anything contained in Rule 8, revise the list or lists accordingly.

Rule - 11. Selection Committee.--

A Selection Committee consisting of the following shall be constituted by the appointing authority :

(i)       the Chairman or Member representing the Commission who will be the Chairman of the Committee;

 

(ii)      the appointing authority; and

 

(iii)     a senior officer of that or any other department nominated by the Government, provided that where the appointing authority is the Governor the head of that department shall ordinarily be nominated under this clause.

Rule - 12. Fixing of dates for selection.--

(1)     The appointing authority shall in consultation with the Commission fix a date for selection :

Provided that the process of selection may spread over the dates more than one.

(2)     In case the Commission or the appointing authority considers it necessary that all or any of the candidates included in the eligibility list or lists should be interviewed by the Selection Committee, the appointing authority shall call such candidate or candidates as the case may be, for the purpose of the aforesaid date or dates.

 

(3)     The Selection Committee shall in each case consider the character rolls of the candidates and may consider any other factor relevant in its opinion.

Rule - 13. Lists 'A' and 'B'.--

(1)     The Selection Committee shall prepare two lists in order of merit, as follows, namely :

 

(i)       List 'A'.--Containing names of candidates recommended for substantive appointment against the permanent vacancies intimated to the Commission under Rule 9;

 

(ii)      List 'B'.--Containing names of candidates recommended for temporary or officiating appointment intimated to the Commission under Rule 9 [12] [ * * * ] :

Provided that if recruitment is made for vacancies occurring during more than one year of recruitment, the selection in respect of each such year shall be made from the eligibility list prepared for that year. In such a case, the names of candidates selected against vacancies of one year will be excluded from the eligibility list or lists of subsequent year or years, as the case may be, before making the selection from eligibility lists of the second and subsequent years.

(2) [13] [* * *]

Rule - 14. Commission's approval.--

The Commission shall consider the recommendations of the Selection Committee and thereafter send the Lists 'A' and 'B' as approved to the appointing authority.

Rule - 15. Re-arrangement of each list in order of seniority.--

[14] [The appointing authority shall re-arrange each of the Lists 'A' and 'B' in the order of seniority.]

Rule - 16. Duration of lists.--

[15] [* * *]

Rule - 17. Appointments from List 'A'.--

(1)     Candidates included in List 'A' shall be appointed against permanent vacancies in the order in which their names appear in the list as re-arranged under Rule 15.

 

(2)     Candidates included in List 'A', for whom permanent vacancies are not immediately available, shall be appointed in the said order, against temporary or officiating vacancies in preference to those included in List 'B'.

Rule - 18. Appointments from List 'B'.--

[16] [Subject to the provisions of sub-rule (2) of Rule 17, candidates included in List 'B' shall be appointed in the order in which their names appear in the List, as re-arranged under Rule 15 against the temporary or officiating vacancies :

Provided that subject to the provisions of the rules, List 'B' remaining unutilised after completion of one year from the date of receipt of select list, shall cease to be operative :

Provided further that subject to the provision of sub-rule (2), List 'A' remaining unutilised after completion of one year from the date of receipt of select list, shall cease to be operative :

Provided also that List 'A' and List 'B' of a year of recruitment shall be utilised only for vacancies of that year of recruitment.

Provided that if it appears to the appointing authority at any time that a Government servant appointed against temporary or officiating vacancy has not made sufficient use of his opportunity or has otherwise failed to give satisfaction, it may revert him to the post from which he was promoted without assigning any reason.]

Rule - 19. Absorption of List 'B' candidates in substantive vacancies.--

[17] [* * *].

PART I

V

PROCEDURE OF PROMOTION

Where Criterion is Seniority subject to the Rejection of the Unfit.

Rule - 20. Application of this Part.--

Where by virtue of the provisions of Rule 5, promotion is to be made on the criterion of seniority subject to the rejection of the unfit, the procedure laid down in this Part shall be followed.

Rule - 21. Preparation of Eligibility List.--

(1)     Except as otherwise provided in Rule 22, the appointing authority shall prepare a list to be called the eligibility list of the senior-most eligible candidates containing names, so far as may be, in the following proportion :

For 1 to 5 vacancies	...	2 times the number of vacancies subject to a minimum of 5.
For over 5 vacancies	...	VA times the number of vacancies subject to a minimum of 10.

The provisions and the explanations to Rule 8 shall mutatis mutandis apply to this rule.

(2)     The rest of the procedure prescribed in Part III shall mutatis mutandis apply to promotion made under this part except that each of the two Lists 'A' and 'B' referred to in Part III shall be prepared by the Selection Committee in order of seniority subject to the rejection of the unfit and that from among those considered fit the senior most candidates shall be placed in List 'A'.

Rule - 22. Power to dispense with Selection Committee in certain cases.--

Notwithstanding anything in Rule 21, if in any case the number of vacancies to be filled is small and the appointing authority considers the senior-most candidate or candidates clearly fit for promotion and accordingly no supersession is involved, the Commission may, if it agrees with the view of appointing authority, approve the proposal straightway. In that case no Selection Committee need be constituted and the candidate or candidates so approved shall be deemed to have been duly selected for promotion.