Uttar Pradesh Education Service Selection Commission Rules, 2023

[13th December 2023]

In exercise of the powers under section 27 of the Uttar Pradesh Education Service Selection Commission Act, 2023 (U.P. Act no.15 of 2023), the Governor is pleased to make the following rules with a view to select able and worthy teachers/trainers while ensuring the quality of selection, impartiality and transparency and to establish an unambiguous set of guidelines that delineate the scope, powers, functions and procedures to be followed by the Commission to discharge its statutory obligations.

CHAPTER 1 Preliminary

Rule - 1. Short title and commencement

(1)     These rules may be called the Uttar Pradesh Education Service Selection Commission Rules, 2023.

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

Rule - 2. Definitions

(1)     In these rules, unless there is anything repugnant to the subject or context,-

(a)      "Act" means the Uttar Pradesh Education Service Selection Commission Act, 2023(U.P. Act no.15 of 2023);

(b)      "Committee" means a committee constituted by the Commission or the Chairperson from amongst its Members;

(c)      "Examination" means the examination conducted for the selection of a teacher or instructor;

(d)      "Interview" includes viva-voce or personality test;

(e)      "Officer" means an officer of the Commission and includes the Secretary, Controller of Examinations, Finance Controller and Deputy Secretary;

(f)       "Secretary" means the Secretary of the Commission;

(g)      "Section" means a section of the Act;

(h)     "Senior-most Member" means the member with the maximum aggregate duration of service as a member of the Commission. In cases where two or more members have commenced their roles within the Commission on the same date, age shall stand as the decisive criterion for the determination of seniority.

(i)       "Substantive Appointment" means an appointment to a post of a teacher or instructor not being an ad hoc appointment, made in accordance with the provisions of the Act and the rules made thereunder;

(j)       "Vacancy" means a vacancy resulting from the death, retirement, resignation, termination, dismissal, or removal of a teacher or instructor or the creation of a new post or substantive promotion or appointment of an official to a higher post;

(2)     Words and expressions used herein and not defined but defined in the Uttar Pradesh State Universities, Act, 1973, (U.P. Act no.10 of 1973), the Intermediate Education Act, 1921, (U.P. Act no.20 of 1921), the Uttar Pradesh Basic Education Act, 1972, (U.P. Act no.34 of 1972), the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, (Act no.27 of 1996) or the Uttar Pradesh Education Service Selection Commission Act, 2023, (U.P. Act no.15 of 2023), the Uttar Pradesh Government Industrial Training Institutes (Instructors and Foreman Instructors) Service Rules, 2021 shall have the same meanings as respectively assigned to them in the said Acts and rules.

CHAPTER 2 Constitution of the Commission and Staff of the Commission

Rule - 3. Selection Criteria and Procedure

(1)     There shall be a Search Committee for the selection of Members and Chairperson of the Commission which shall consist of the following members:-

(a)      Chief Secretary, Government of Uttar Pradesh – Chairperson

(b)      Additional Chief / Principal Secretary Department of Appointment and Personnel, Government of Uttar Pradesh – Member

(c)      Additional Chief / Principal Secretary, Department of Basic Education, Government of Uttar Pradesh – Member

(d)      Additional Chief / Principal Secretary, Department of Secondary Education, Government of Uttar Pradesh – Member

(e)      Additional Chief / Principal Secretary, Department of Higher Education, Government of Uttar Pradesh - Member Secretary

(2)     The said Search Committee: -

(a)      shall prepare a list for selection to the post of Chairperson and Members.

The application form of the concerned candidates, in accordance with the qualifications mentioned in section 4 of the Act, shall be invited online/offline within 25 days from the date of advertisement;

(b)      shall conduct a detailed examination of the applications/ bio-data received regarding the vacancies for the post of Chairperson/Members, particularly in respect of their educational qualifications, administrative experience, notable work done by them in the field of education, and details of the credentials, competence, and integrity of the said candidates;

(c)      shall verify the records pertaining to the qualifications and background of the candidates through the concerned institutions, and the records pertaining to the same shall be placed on record;

(d)      shall recommend, after the examination of the bio-data of the candidates, the names of 5 candidates, as far as possible, for the post of Chairperson of the Commission and 3 times, as far as possible, the total number of vacancies to be filled for the post of Member, but if any name is objected to by 2 Members of the Search Committee, the name of the concerned candidate will not be included in the shortlist.

(3)     As per the recommendation of the Search Committee for selection/appointment to the post of Chairperson/Member, the list of shortlisted candidates shall be presented to the Honble Chief Minister for approval.

(4)     Under section 3 of the Act the following procedure shall be adopted for character and antecedent verification of the proposed names before the approval of the Honble Chief Minister:-

(a)      on selection of serving officers of the Government of India / State Government / other States, No Objection Certificate and Vigilance Check / No Departmental Proceedings Certificate will be obtained from their respective department;

(b)      before giving appointment to persons of the Government of India / State Government / other States who have retired, information about their antecedents shall be obtained from the concerned department or other sources, as deemed appropriate;

(c)      in case of academicians from educational institutions of the State or outside the State, their character and antecedents verification report shall be obtained from the Superintendent of Police of the district concerned to their native place as well as the present place of residence, which shall be countersigned by the District Magistrate of the concerned district;

(d)      in case of non-official persons from State or outside the State, their character and antecedents verification report shall be obtained from the Superintendent of Police of the district concerned to their native place of residence and of the present place of residence, which shall be countersigned by the District Magistrate of the concerned district.

(5)     The appointment orders of the Chairperson and Members shall be issued only if the reports regarding the character and antecedents, issued in accordance with the above procedures, are found to be satisfactory.

Rule - 4. Disqualification

A person shall be ineligible to be appointed or to continue as Chairperson or a Member, if he:-

(a)      is adjudged insolvent by a Court of law; or

(b)      engages, during his term of office, in any paid employment outside the duties of his office; or

(c)      is, in the opinion of the State Government, unfit to continue in office by reason of infirmity of mind or body or of proved misconduct; or

(d)      has been convicted of any offence involving moral turpitude or financial embezzlement;

(e)      is a Member of Parliament or a State Legislature; or

(f)       is not a citizen of India, or has voluntarily or otherwise acquired the citizenship of, or professes allegiance or adherence to, a foreign State.

Rule - 5. Investigation of Misconduct

The procedure for investigation and proving misconduct for a Chairperson or a Member, as referred to in sub-section (2) of section 6 of the Act, shall be as follows:-

(1)     Where, on a complaint or otherwise, the State Government is satisfied, whether after conducting a preliminary inquiry or otherwise, that a prima facie case of misconduct exists, it shall give the concerned Chairperson or Member an option either to resign from the office unconditionally or to face investigation.

(2)     If no unconditional resignation is received within fifteen days from the date of grant of such option, the State Government may appoint an Inquiry Officer who shall be a sitting or retired Judge of the High Court or such person who is eligible to be appointed as a Judge of the High Court.

(3)     The Inquiry Officer shall, after giving a reasonable opportunity of being heard to the concerned Member or the Chairperson and after taking such evidence as he may deem necessary, submit his findings to the State Government within 15 days of the completion of the inquiry. No important work shall be allotted to the concerned Member or Chairperson during the investigation.

(4)     In conducting such inquiry, the Inquiry Officer shall be guided by the rules of inquiry and the principles of natural justice and shall not be bound by formal rules relating to the procedure of inquiry.

(5)     The provisions of the Uttar Pradesh Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1976 (U.P. Act no. 4 of 1976) shall apply to such inquiries.

(6)     If, for any reason during the course of the trial, the Inquiry Officer is changed, it shall not be necessary for the new Inquiry Officer to start the inquiry afresh, and the inquiry may be continued from the stage at which the Inquiry Officer is changed.

(7)     Subject to the provisions of these rules, the Inquiry Officer shall have the power to regulate the procedure of the inquiry, including the fixing of the place and time of its meeting and to decide whether the inquiry should be held in public or in camera.

Rule - 6. Officers and Staff

(1)     In the Commission, a Secretary, who is an IAS/PCS officer not below the rank of Special Secretary, one Controller of Examinations (equivalent to, at or above Grade Pay 7600 Pay Level 12), one Finance Controller (equivalent to, at or above Grade Pay 8700 Pay Level 13), one Law Officer of the Judicial Service (equivalent to, at or above Grade Pay 7600 Pay Level 12), one Finance & Accounts Officer (equivalent to, at or above Grade Pay 5400 Pay Level 10), one outsourced Computer & I.T. Coordinator, and four Deputy Secretaries (equivalent to, at or above Grade Pay 6600 Pay Level 11), shall be appointed by the State Government on deputation for a period not exceeding three years and shall have such other conditions of service as the State Government may, by order, determine. On the recommendation of the Commission, the State Government can increase or decrease the said posts and pay scales.

(2)     The services of every full-time employee of the Uttar Pradesh Higher Education Service Commission and the Uttar Pradesh Secondary Education Service Selection Board shall stand transferred to the Commission. Salary, other allowances, selection Pay Scale and promotions, pension, gratuity, family pension, all types of leave, earned leave, medical leave, medical facilities and benefits etc., leave encashment bonus, Leave Travel Concession (L.T.C.), etc., the age of retirement and all other rules of retirement as are enforced by the Government for the employees of the State Government or as may be issued by the State Government from time to time, shall also be applicable to the employees of the Commission. Similar to Government servants, all the facilities of advance for construction/repair of buildings, purchase of vehicles, etc., will also be payable to the employees of the Commission.

(3)     The Commission will utilize the transferred serving personnel as necessary.

Rule - 7. Leave

(1)     The Chairman and Members of the Commission shall be entitled to leave as is admissible to the Chairman and Members of the Uttar Pradesh Public Service Commission.

(2)     The officers and staff of the Commission shall be entitled to leave as permitted by the State Government.

CHAPTER 3 Procedure of Conduct of Business of the Commission

Rule - 8. Meetings

(1)     Unless otherwise decided by the Commission, the meetings of the Commission shall ordinarily be held on every Tuesday and, if it is not a working day, on the working day immediately following Tuesday. However, the Chairperson may, at any time, convene an extraordinary meeting of the Commission if the need arises or if at least two Members submit a requisition in writing for the same to him. The Secretary shall give advance notice of at least twenty-four hours to the Members for the extraordinary meeting.

(2)     The date and time of each meeting shall be communicated by the Secretary after obtaining the prior approval of the Chairperson.

(3)     The Secretary shall prepare the agenda of the meeting and get the same approved by the Chairperson and shall forward the same to each Member along with the notice of meeting.

(4)     The quorum for any meeting of the Commission shall be one-half of the total Members at that time:

Provided that no quorum shall be required for a meeting adjourned for want of quorum.

(5)     The Chairman and, in his absence, the senior-most Member present shall preside over the meeting of the Commission. The seniority of a Member of the Commission shall be determined in accordance with the order of seniority of the appointment order issued by the State Government. If two or more members share the same joining date, they will be placed higher in seniority as per the order of seniority of the appointment order issued by the State Government.

(6)     As far as possible, the decision taken in the meeting shall be unanimous. In the event of a difference of opinion, the decisions of the Commission shall be taken by a majority of the members present at any meeting. In case of equality of votes, the Chairman shall have the right to a casting vote, which shall be in addition to his usual vote. The dissenting Member may record his dissent note, which shall form part of the proceedings of the meeting but which shall not be sent to the State Government or any other person or authority.

(7)     When the Chairperson is absent on account of leave or is unable to attend a meeting of the Commission, the senior-most Member shall preside over the meeting and perform the functions of the Chairperson:

Provided that the list of cases on which decisions have been arrived at and those in respect of which action has been taken during the absence of the Chairman shall be placed before the Chairman immediately on his return from leave, or on resuming duty, as the case may be.

(8)     In case of vacancy in the office of the Chairperson, the senior-most Member of the Commission shall discharge the day-to-day functions of the Commission.

(9)     The Chairperson shall have the right to adjourn or cancel a prescheduled meeting of the Commission due to some unavoidable reasons.

(10)   If the Chairperson is of the opinion that the work to be done by the Commission is excessive and a meeting of the Commission cannot be convened conveniently, the opinion of the members may be sought by circulating the matter in the form of a proposal. If the opinion is not received from any member within the time specified by the Chairperson, such Member shall be deemed to have agreed to the proposal.

Rule - 9. Procedure for Allocation of Business and Constitution of Committees

(1)     (a) The Commission shall, from time to time, allocate work among its members through a Business Allocation Committee. The Chairperson may, in cases of urgency, allocate any work to a member and obtain the approval of the Commission in its next meeting.

(b) The Commission may, for the convenient and expeditious conduct of its business, constitute a committee or committees and may authorize a member for the performance of a specific function or for the conduct of a specific business.

(2)     The work allocation made under clause (a) of sub-rule (1) may be amended, changed, or modified, as and when deemed necessary.

(3)     The senior-most Member of the Commission shall be the Convener of the Committee.

(4)     Notwithstanding matters in which the Commission has otherwise directed, the decisions of the Committee in other matters shall be subject to the approval of the Commission.

Rule - 10. Powers and Duties of Exam Committee

(1)     The examinations conducted by the Commission shall be handled by the Examination Committee. The Examination Committee shall consist of the Chairperson of the Commission, senior-most Member, Secretary, Controller of Examination, and Deputy Secretary of the Commission. The Chairperson of the Commission will be the Chairman of the Examination Committee.

(2)     Subject to the provisions of the Act and these rules, the Examination Committee shall perform such duties and functions as may be assigned to it under the rules or orders relating to the competitive examinations conducted by the Commission.

(3)     The Chairman of the Examination Committee shall be responsible for the proper and timely conduct of examinations and for maintaining secrecy thereof.

(4)     Unless otherwise prescribed, all contracts relating to such examinations shall be in writing, and all documents and examination records shall be authenticated by the Secretary/Controller of Examinations on behalf of the Commission but shall be issued under the orders of the Chairman. All such records shall be kept under the personal custody of the Secretary / Controller of Examinations on the instructions of the Chairman.

(5)     All arrangements for the conduct of such examinations shall be made by the Examination Committee in consultation with the Commission and in accordance with such directions as may be issued by the Commission in this behalf.

Rule - 11. Constitution of Interview Board

(1)     The Commission shall constitute separate Interview Boards for different posts or categories of posts for which interviews are to be held and may constitute more than one Interview Board where the number of candidates for a particular post is large.

(2)     Whenever more than one Interview Board is constituted, it may change the composition of such Interview Board, by rotation, as often as it deems appropriate.

(3)     An Interview Board shall consist of at least one Member and two experts, but the Commission may include more than one Member or more than two experts in an Interview Board if it deems it necessary to do so. While constituting the Interview Board for the selection of teachers for minority institutions, a procedure to ensure expert representation from the minority community shall be given:

Provided that where an expert invited for selection has expressed his inability or has otherwise failed to turn up, and there is not sufficient time to invite any other expert from the panel, the Secretary may, with the approval of the Chairperson, invite any other available expert having the qualifications prescribed by the Commission.

(4)     The Interview schedule shall be fixed by the Commission.

(5)     The candidates shall be informed of the interview 10 days in advance through online intimation on the Commissions website/e-mail/SMS and through a release in newspapers.

(6)     If any member is unable to attend the Interview Board, the Chairperson may authorize any other member to conduct the interview in his place, and this fact shall not invalidate the proceedings of such Interview Board and the selections made by it.

(7)     The senior-most Member present on the Interview Board shall chair the Interview Board. The proceedings of the Interview Board shall be placed before the Commission for approval as soon as possible, after which a recommendation shall be issued. Such approval may be obtained by circulation at a meeting of the Commission.

Rule - 12. Panel of Experts

(1)     The panel of subject-wise experts for the Interview Board shall be prepared by the Commission in accordance with the prescribed procedure from amongst persons who are or have been:

(i)       members of the State Education Service;

(ii)      Professor, Associate Professor, or Assistant Professor of a University established by law in the State of Uttar Pradesh, but in the case of an Associate Professor and Assistant Professor, he shall have an experience of not less than ten years as such;

(iii)     Principal of aided undergraduate or aided postgraduate colleges recognized by or affiliated to a University established by law in the State of Uttar Pradesh;

(iv)    Assistant Professor or Lecturer of an aided graduate or aided postgraduate college recognized by or affiliated to a University established by law in the State of Uttar Pradesh, having not less than ten years of experience as such;

(v)      Principal of Government undergraduate or aided postgraduate colleges;

(vi)    Assistant Professor or Lecturer of a Government undergraduate or postgraduate college, having not less than ten years of experience as such;

(vii)   Principal of Government Intermediate College (for interview of Lecturer and Assistant Teacher of Intermediate College or High School);

(viii)  Principal Category-1 of Government Industrial Training Institute, under the Department of Vocational Education, Skill Development and Entrepreneurship, with at least 10 years of experience, or Joint Director (Trainee/Apprentice) or Additional Director (Trainee/Apprentice).

(2)     The selection of experts from the panel of experts prepared under subrule (1) shall be done by the Chairperson.

(3)     The panel of experts shall be a secret document and shall be kept in safe custody in a sealed cover by the Secretary or by any other Gazetted Officer under his specific direction or order and shall be produced on the written request of the Chairperson.

(4)     The panel of experts constituted under of sub-rule (1) shall, as far as possible, be revised once every three years.

(5)     An expert appearing in an Interview Board shall be paid remuneration, at such rate not exceeding the rate prescribed by the Uttar Pradesh Public Service Commission, as may be determined by the Commission from time to time, and travelling allowance in accordance with the Government Order issued by the State Government at that time. Under special circumstances, experts from outside Uttar Pradesh shall be given admissible airfare with the approval of the Chairperson.

Rule - 13. Power and Duties of Chairperson

(1)     Subject to the provisions of the Act, the Chairperson shall exercise the administrative, disciplinary and financial powers of the Commission, and shall:-

(a)      preside over all meetings of the Committees of which he is a member;

(b)      coordinate the working of the Commission and its members;

(c)      be the controlling officer of the members for the purposes of sanctioning casual leave and passing of travelling allowance bills;

(d)      have the power to supervise the working of the officers and staff of the Commission.

(2)     If the Chairperson is unable to discharge his duties on account of his absence or for any other reason, he may, by general or special order, authorize any member to discharge such duties:

Provided that all such matters with respect to which a decision or action has been taken during the period of the Chairpersons absence shall be placed before him for information as soon as he resumes the charge of his office.

Rule - 14. Power and Duties of Members

Subject to the provisions of the Act and the rules made there under and the decisions of the Commission, a Member shall assist the Chairperson in the selection of candidates for the various categories of posts and shall perform such other duties as may be assigned to him by the Chairperson.

Rule - 15. Powers and Duties of Secretary

(1)     The Secretary shall be the administrative head of the Commission and shall act in accordance with the provisions of the Act and the rules made there under and the decisions of the Commission and the Chairperson.

(2)     He shall be the controlling officer of the officers and staff of the Commission and shall assign their duties.

(3)     The appointment of such employees of whom the Commission is the appointing authority, shall be done by the Secretary with the prior approval of the Commission in accordance with regulations framed under section 28 of the Act.

(4)     The Secretary shall be responsible for:-

(i)       the maintenance of records of appointments of officers and other staff of the Commission;

(ii)      the quarterly submission of the head-wise report of expenditure to the Commission for its information and reference;

(iii)     the submission of annual report of the activities of the Commission to the State Government after obtaining the approval of the Chairperson;

(iv)    the discharge of any work assigned by the Commission or the Chairperson;

(v)      the discharge of all work relating to interviews in accordance with the regulations formed under section 28 of the Act by the Commission;

(vi)    the maintenance of record of names of selected candidates and selection records;

Rule - 16. Powers and Duties of the Controller of Examinations

(1)     The Controller of Examinations shall be the controlling authority for all functions relating to the conduct of examinations and evaluation of answer sheets of the Commission and shall act in accordance with the provisions of the Commission and the Examination Committees decisions.

(2)     He shall also be responsible for:-

(i)       provision of examination centers, center superintendents, and room invigilators;

(ii)      allotment of Roll Numbers and provision of Admit Cards to the examinees/candidates;

(iii)     proceedings of selection of candidates for various categories of posts from the stage of advertisement for inviting applications to the stage of forwarding the panel of selected candidates;

(iv)    proper and timely scrutiny of application forms.

Rule - 17. Powers and Duties of the Controller of Finance

The Controller of Finance shall, in accordance with the decisions of the Commission and the Chairpersons decision, perform all duties relating to accounts under the government rules and shall, through the Secretary, furnish to the Commission his information and report on head-wise expenditure.

Rule - 18. Powers and Duties of the Deputy Secretary

The Deputy Secretary shall act in accordance with the decisions of the Commission and the Chairperson. In the absence of the Secretary or when the office of the Secretary becomes vacant, all his powers and duties shall be discharged by the Controller of Examinations.

Rule - 19. Office Hours and Holidays of Commission

(1)     The office hours of the Commission will from 10.00 AM to 5.00 PM.

(2)     The working week shall be a six-day working week and shall also be covered by the guidelines issued by the Government from time to time in this regard.

(3)     Officers and other employees of the Commission may be asked to work before or after office hours if it is necessary and expedient to do so.

(4)     Other holidays of the Commission will be the same as those of the Uttar Pradesh Public Service Commission.

CHAPTER 4 Qualification (Qualifications of Teacher/Instructor)

Rule - 20. Nationality

For direct recruitment to a post of teacher or instructor, it shall be necessary that the candidate must be:

(i)       a citizen of India; or

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

(iii)     a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka or any of the East African countries of Kenya, Uganda and the United Republic of Tanzania (formerly Tanganyika and Zanzibar) with the intention of permanently settling in India:

Provided that a candidate belonging to category (ii) will also be required to obtain a certificate of eligibility issued by the Deputy Inspector-General of Police, Intelligence Branch, Uttar Pradesh:

Provided further that if a candidate belongs to category (iii) above, no certificate of eligibility will be issued for a period of more than one year and the retention of such a candidate in service beyond a period of one year shall be subject to his acquiring Indian citizenship.

Note:-A candidate in whose case a certificate of eligibility is necessary but the same has neither been issued nor refused, may be admitted to the interview and he may also be provisionally appointed subject to the necessary certificate being obtained by him or issued in his favor.

Rule - 21. Age

(1)     The age of the candidate for selection to any post of Teacher or Instructor shall be as on the 1st day of July of the calendar year in which the vacancies are advertised by the Commission, as the case may be, in accordance with the relevant Acts / Service Rules / University Statutes / Instructions issued from time to time by the State Government.

(2)     In the case of candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes and other such categories of Uttar Pradesh, the upper age limit will be higher by such number of years as may be specified by the Government.

Rule - 22. Educational Qualifications/ Reservation/ Requisition for the Candidates

The qualifications of the candidates for selection to a post shall be as per the relevant Acts / service rules / University Statutes in force at that time. The Authorized Officer will decide on the reservation and the requisition of posts to be filled.

Rule - 23. Character

For selection to a post of teacher or instructor, the character of a candidate shall be such as to render him suitable in all respects for employment in an educational institution. The Commission shall satisfy itself on this point.

Note.-Persons dismissed by the Union Government or a State Government or a Local Authority or by a Corporation or Body owned or controlled by the Union Government or any State Government shall not be eligible for appointment. Persons convicted of an offence involving judicial insolvency and moral turpitude shall also not be eligible.

Rule - 24. Marital Status

No person-

(a)      who has entered into or contracted a marriage with a person having spouse living, or

(b)      who, having a spouse living, has entered into contracted marriage with a person shall be eligible for appointment.

Rule - 25. Physical Fitness

(1)     No candidate shall be eligible for selection to the post of a teacher or instructor, as the case may be, unless he is in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his duties.

(2)     Before a candidate is finally selected for appointment, he shall be required by the Commission to produce a medical certificate of fitness from the Medical Officer of any Government hospital or Primary Health Center.

Rule - 26. Prohibition to Appoint a Male Candidate in a Girl/Womens Institution

No male candidate shall be eligible for appointment to the post of a teacher or instructor in any girls/womens institution.

CHAPTER 5 Procedure of Recruitment

Rule - 27. Source of recruitment

The sources of recruitment in different categories of teachers shall be the same as mentioned in the respective Acts/Service Rules/University Statutes.

Rule - 28. Determination and Notification of Vacancies

(1)     For the purpose of direct recruitment, the Appointing Authority or Management or Authorized Officer shall determine the number of vacancies in accordance with sub-section (1) of section 10 of the Act and notify the vacancies through the Director (Higher Education) or the Director (Secondary Education) or the Director (Basic Education) or the Director (Training and Employment) or the Director General of Atal Residential Schools, as the case may be, to the Commission in the manner hereinafter provided.

(2)     The statement of vacancies for each category of post to be filled in by direct recruitment, including the vacancies that are likely to arise due to retirement on the last day of the year of recruitment, shall be sent by the Appointing Authority or Management or Authorized Officer by July 15 of the year of recruitment to the Authorized Officer under sub-rule (1), and the Authorized Officer shall, after verification from the record of his office, prepare consolidated statement of vacancies regarding the vacancies of each category of post, subject-wise and reserved categorywise. The consolidated statement so prepared shall be sent by the Authorized Officer to the Commission by July 31 of the same year of recruitment:

Provided that if the State Government is satisfied that it is expedient to do so, it may, by order in writing, fix other dates for notification of vacancies to the Commission in respect of any particular year of recruitment.

(3)     If, after the vacancies have been notified under sub-rule (2), any vacancy in the post of a teacher or instructor occurs, the Appointing Authority or Management or Authorized Officer shall, within fifteen days of its occurrence, notify the Authorized Officer in accordance with the said sub-rule and the Authorized Officer shall within ten days of its receipt by him send it to the Commission.

(4)     Where, for any year of recruitment, the Appointing Authority or Management or Authorized Officer does not notify the vacancies by the date specified in sub-rule (2) or fails to notify them in accordance with the said sub-rule, the Authorized Officer shall on the basis of the record in his office, determine the vacancies in such institution in accordance with sub-section (1) of section 10 of the Act and notify them to the Commission in the manner and by the date referred to in the said sub-rule.

Explanation: The vacancies notified to the Commission under this sub-rule shall be deemed to be notified by the Appointing Authority or Management or Authorized Officer of such institution.

(5)     The posts of notified vacancies shall not be filled by a single transfer:

Provided that in special circumstances, if a single transfer is necessary, then it will be necessary to bring the said process to the notice of the Commission as soon as possible, and the vacant posts as a result of the single transfer will be considered included in the posts notified by the Director, and this vacancy will also be covered by the same selection process. After the commencement of the selection process, no single transfer will be done under any circumstances.

Rule - 29. Notification of Vacancies and Submission of Application Forms

(1)     The Commission shall, in respect of the vacancies to be filled by direct recruitment, advertise the vacancies, including those reserved for candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, Economically Weaker Sections and other reserved categories as applicable to Government service from time to time, in at least two daily newspapers, having wide circulation in the State and will invite online applications to be considered for selection. The Commission shall also display such notification on its website.

(2)     If the process of selection against the advertised posts is not started within three years, then the said advertisement can be cancelled by the Commission and the Commission will have the right to advertise it again.

(3)     For the selection of teachers in minority institutions, advertisement for vacancies shall be published separately and in their selection process, one expert representative from minority community shall be additionally placed on the Interview Board.

Rule - 30. Procedure of Selection

(1)     The Commission shall scrutinize the applications and in respect of the post of teacher and instructors shall conduct written examination. The written examination shall consist of one objective type question paper (General Knowledge and related optional subject) of two hours duration. 90 percent of the total marks will be for written examination and 10 percent of total marks will be for interview. Where there will be no interview, there will be 100% marks for the written test. The total marks will be decided by the Commission.

(2)     As far as possible, the centers for conducting written examination shall be fixed in district headquarters only and the invigilators shall be paid honorarium at such rate as the Commission may fix.

(3)     The examination centers for the written examination will be according to the Government Order No. 15/24/2018- Ka-4-2018 dated November 20, 2018 of the Department of Appointment and Personnel and the instructions issued by the State Government from time to time.

(4)     For selection to the post of Principal of undergraduate and postgraduate colleges, a merit-wise selection list will be issued by consolidating the marks in written test, Academic Performance Index (API) marks, and interview marks. There will be one objective-type question paper (General Knowledge and Administrative Aptitude) for the written test. API will be calculated under the amended standards of the University Grants Commission.

(5)     The Commission shall evaluate the answer sheets through an examiner to be appointed by the Commission or through Computer and the examiner shall be paid an honorarium at the rate to be fixed by the Commission.

(6)     Where an interview is necessary, 10 percent marks will be kept for the interview. The guiding principles for interview marks will be general knowledge, personality test, and ability of expression.

(7)     The number of candidates to be called for interview from among the candidates who passed the written examination will be 3 to 5 times the number of vacancies, as the Commission may consider appropriate, all the candidates obtaining the final score (cut-off) will be invited for the interview.

(8)     In consultation with the subject experts in the Interview Board, marks will be given by the Chairman of the Interview Board.

(9)     In order to maintain the fairness and sanctity of the selection, the marks of the candidates shall not be disclosed before the final result of the selection process.

(10)   For the posts of teacher or instructor, where an interview is necessary the Commission will add the marks obtained in the written examination and interview; and where only the written examination is to be held the Commission will consider marks obtained in the written examination only and shall prepare a panel of those found most suitable in the order of merit as per the advertisement. If more than one candidate has the same merit, then in such a situation, the marks of the written examination will be considered first and in case the marks of the written examination are also the same, then the marks obtained in the interview will be considered. If the marks are still the same, then the maximum percentage of compulsory qualification / Ph.D. and J.R.F., N.E.T. and Ph.D., J.R.F., N.E.T., Ph.D. will be considered, and if all are equal still, then marks of postgraduate will be considered. If the percentage of marks in written test, interview, and essential qualifications are the same, then the name of the candidate who is older will be placed higher.

Rule - 31. Intimation of Names of Selected Candidates

(1)     The Commission will forward the panel prepared as per sub-rule (10) of rule 31 against the advertised vacancies to the Authorized Officer sending the requisition. The Authorized Officer will send it to the Appointing Authority or Management or any officer of the institution authorized in this behalf, after allotting the institution. The institution allotment will be done by the Authorized Officer in the following manner:-

(a)      by displaying the information of notified vacancies on the departmental website, the online preference of five institutions will be taken from the candidates named in the panel;

(b)      the candidate whose name is at the top of the panel will be allotted to the institution of first preference given by him. Where a selected candidate cannot be allotted the institutes of his preference on the ground that such institutes have already been allotted to the candidates ranked higher than him in the panel and that there is no vacancy among them, the Authorized Officer may allot him to any institute which he may deem fit;

(2)     (a) The Authorized Officer shall, as per clause (b) of sub-rule (1) of rule 29, forward the list along with the names of the institutions allotted to the selected candidates to the Appointing Authority or the Management or the Authorized Officer.

(b) The Appointing Authority or the Management or the Authorized Officer shall inform the Director about compliance within one month of the receipt of the recommendation sent by the Authorized Officer.

(c) The Appointing Authority shall intimate the name of the selected candidate to the Appointing Authority or Management or Authorized Officer of the institution which has notified the vacancy, with the direction that on an authorization under a resolution of the Appointing Authority or Management or Authorized Officer, an order of appointment, be issued to the candidate by registered post.

(3)     The order of appointment shall be sent to the candidate with the direction to report to the Appointing Authority or Management or Authorized Officer within fifteen days of the receipt of the order of appointment by him from the Appointing Authority or Management or Authorized Officer or within such extended time, not exceeding 30 days from the date of receipt of the order of appointment through registered post, as may be allowed to him, by the Appointing Authority or Management or Authorized Officer; and also intimating him that on his failure to join within the specified time, his appointment shall be liable to be cancelled.

(4)     The Appointing Authority or the Management or the officer of the Institution authorized in this behalf shall also send a copy of such appointment letter to the Authorized Officer by registered post and e-mail.

(5)     The Director shall monitor and ensure that the candidate selected by the Commission joins the institution within the specified time, and for this purpose he may issue such directions to the Appointing Authority or the Management or the Authorized Officer as he may deem appropriate.

(6)     Where the candidate selected by the Commission could not join the allotted institution due to erroneous requisition or appointment of a dependent of an employee dying in harness or any order of the Honble Supreme Court or High Court or abolition of the post, then the following procedure will be followed for adjustment of such candidate:-

(a)      such a selected candidate will have to submit his representation to the Director, mentioning the reasons for not taking charge;

(b)      the Director shall, after detailed inquiry on the representation submitted by the candidate, fix responsibility against the responsible institution or Appointing Authority for sending erroneous requisition and send a report to the Commission along with his recommendation for adjustment of the selected candidate;

(c)      on the basis of the report and recommendation of the Director, the Commission shall adjust the selected candidate against the non-advertised requisition and shall send, after adjustment, the selected panel/list to the Director of the concerned department.

(d)      on the basis of the panel/list sent under clause (c), of sub-rule (4), the Director of the concerned department will direct the Appointing Authority to give charge to the selected candidate as per the provisions of section 11 of the Act.

CHAPTER 6 Written Test, Interview and Other Miscellaneous Tasks

Rule - 32. Written Test and Interview

(1)     It will be mandatory for the candidates invited for an interview, on the basis of written examination, to be given a minimum 40 percent marks out of the prescribed marks for the interview, and as far as possible maximum marks can be given up to 90 percent.

(2)     From the successful candidates in the written examination, the number of candidates to be interviewed in one board in a day and the number of boards to be conducted daily will be decided by the Examination Committee as may be necessary.

Rule - 33. List of Examiners and Paper-Setters, etc

(1)     The Chairman of the Examination Committee shall prepare for every subject, a list of persons qualified for appointment as examiners and submit the same for the approval of the Commission. Such list shall be revised at least once in every three years:

Provided that any person included in the previous list shall be eligible for inclusion in the revised list.

(2)     The list referred to in sub-rule (1) shall contain, as far as possible, information about the persons included therein with regard to their academic qualifications, designation and teaching experience at the postgraduate level or professional experience, and the particulars of the earlier examinations conducted by the Commission in which they acted as examiners.

(3)     The Chairman of the Examination Committee shall, with the prior approval of the Commission, appoint Paper Setters and Moderators from amongst the persons included in the list referred to in sub-rule (1).

(4)     In making such appointments, every care shall be taken to ensure that no person is so appointed who has been found guilty of misconduct by any University, Government, or Government Body or against whom any inquiry or investigation is pending on the allegations of misconduct, or whose integrity is doubtful. Any person, whose work as Head Examiner, Paper Setter, or Evaluator is found to be unsatisfactory by the Commission shall not be reappointed for that purpose.

Rule - 34. Setting, Moderation and Printing of Question Paper

(1)     Each question paper shall be set by three different question Paper Setters who shall not belong to the same place.

(2)     The sealed question papers received from the question Paper Setters will be kept in the custody of the Chairman of the Examination Committee.

(3)     The sealed envelopes containing question papers received from three Paper Setters shall be handed over to the concerned Moderators by the Chairman of the Examination Committee against a receipt.

(4)     The Moderators shall moderate all the three question papers, place them in separate covers under their seal without making any mark of identification on the cover, and hand them over to the Chairman of the Examination Committee against a receipt.

(5)     The Chairman of the Examination Committee shall choose any of the two moderated question papers of a subject without opening the sealed covers and send it as such to the printing press, which shall be responsible for printing the question papers including the proof-reading, and for preparing packets of question papers for all examination centers under its seal, in accordance with information furnished by the Examination Committee.

(6)     The printing press and the Chairman shall be responsible for maintaining the secrecy of the question papers, and the Chairman of the Examination Committee shall issue necessary directions and take necessary precautions to ensure such secrecy.

Rule - 35. Printing of O.M.R. Sheet and Evaluation of Answer Sheets

(1)     On the decision of the Commission to conduct offline examination, the printing of O.M.R. sheets and evaluation of answer sheets will be done separately by a reputed agency outside the State of Uttar Pradesh. While appointing of such agency special care will be taken that the said agency is registered and has a good reputation and no adverse facts have been found against it in any State.

(2)     The said agency shall be appointed by the senior-most Member of the Examination Committee (other than the Chairman) which shall be bound to comply with all directions given by the senior-most Member and all responsibility relating to the confidentiality of that work shall lie with the institution and the senior-most Member.

(3)     Printing of O.M.R. sheets, evaluation of answer sheets, and other works will be done by the above-appointed organization and the relevant form will be provided by the organization to the senior-most Member of the Examination Committee in a sealed envelope.

(4)     The Commission shall be at liberty to determine and set its own procedure in respect of the examinations which it decides to conduct online.

Rule - 36. Canvassing

No recommendation, whether written or oral, other than those required under the rules applicable to a post, shall be considered. Any attempt on the part of a candidate to enlist support directly or indirectly for himself shall disqualify him for appointment.

Rule - 37. Fees

(1)     Each candidate shall pay to the Commission such fee for selection or interview as may be determined by the Commission from time to time with the prior approval of the State Government.

(2)     The examination fee shall be payable online or by undersigned postal order or bank draft payable to the Secretary of the Commission, or as may be detailed by the Commission.

Rule - 38. Conduct of Examination

(1)     All arrangements for the conduct of examinations shall be made in accordance with such instructions as may be issued by the Commission in this behalf.

(2)     The Commission shall be responsible for the proper and timely conduct of such examinations and for maintaining their confidentiality.

(3)     All contracts relating to examinations shall be in writing and all documents and records relating to examinations shall be kept in the personal custody of the Controller of Examinations.