UTTAR PRADESH HIGHER EDUCATION (GROUP A) SERVICE RULES, 1985

UTTAR PRADESH HIGHER EDUCATION (GROUP A) SERVICE RULES, 1985[1]

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution and in supersession of all existing rules and orders on the subject, the Governor is pleased to make the following rules regulating recruitment and conditions of service of persons appointed to the Uttar Pradesh Higher Education (Group A) Service :

PART I GENERAL

Rule 1. Short title and commencement.

(1)     These rules may be called The Uttar Pradesh Higher Education (Group A) Service Rules, 1985.

(2)     They shall come into force at once.

Rule 2. Status of the Service.

The Uttar Pradesh Higher Education (Group A) Services is a State Service comprising Group A posts.

Rule 3. Definitions.

In these rules, unless there is anything repugnant in the subject or context

(a)      'appointing authority' means the Governor;

(b)      'citizen of India' means a person who is or is deemed to be a citizen of India under Part II of the Constitution;

(c)      'Commission' means the Public Service Commission Uttar Pradesh;

(d)      'Constitution' means the Constitution of India;

(e)      'degree college' means an affiliated or associated College maintained exclusively by the Government  for imparting instruction up to the first degree level;

(f)       'Government' means the State Government of Uttar Pradesh;

(g)      'Governor' means the Governor of Uttar Pradesh;

(h)     'member of the Service' means a person substantively appointed under these rules or the rules or orders in force prior to the commencement of these rules to a post in the cadre of the Service;

(i)       'Post graduate College' means an affiliated or associated college maintained exclusively by the Government for imparting instruction up to the Post graduate level in one or more subjects or faculties;

(j)       'service' means the Uttar Pradesh Higher Education (Group A) Service;

(k)      'substantive appointment' means an appointment, not being an ad hoc appointment, on a post in the cadre of the service, made after selection in accordance with the rules and, if there are no rules in accordance with the procedure prescribed for the time being by executive instruction issued by the Government;

(l)       'year of recruitment' means a period of twelve months commencing from the first day of July of a calendar year.

PART II CADRE

Rule 4. Cadre of Service.

(1)     The strength of the service and of each category of posts therein shall be such as may be determined by the Government from time to time.

(2)     The strength of the service and of each category of posts therein shall unless orders varying the same are passed under sub rule (1) be as under

PART III RECRUITMENT

Rule 5. Source of Recruitment.

Recruitment to the various categories of posts in the service shall be made from the following sources :

Director of Higher Education

Rule 6. Reservation.

Reservation for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories shall be in accordance with the orders of the Government in force at the time of the recruitment.

PART IV QUALIFICATIONS

Rule 7. Nationality.

A candidate for direct recruitment to a post in the service must be :

(a)      a citizen of India; or

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

(c)      a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka, or any of the East African countries or 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 (b) or (c) above must be a person in whose favour a certificate of eligibility has been issued by the State Government :

Provided further that a candidate belonging to Category (b) will also be required to obtain a certificate of eligibility granted by the Deputy Inspector General of Police, Intelligence Branch, Uttar Pradesh :

Provided also that if a candidate belongs to Category (c) 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.

Rule 8. Academic Qualifications.

A candidate for direct recruitment to the posts of Lecturer must possess the qualifications prescribed by the statutes of the various State Universities governed by the U.P. State Universities Act, 1973.

Rule 9. Preferential Qualification.

A candidate who has :

(i)       Served in the territorial Army for a minimum period of two years, or

(ii)      Obtained a B certificate of the National Cadet Corps.

(iii)     Shown high proficiency in debates, seminars, games and sports and other co curricular activities indicating ability to participate with credit in campus programmes of a college shall, other things being equal, be given preference in the matter of direct recruitment.

Rule 10. Age.

A candidate for direct recruitment for the post of Lecturer must have attained the age of 21 years and must not have attained the age of more than 4 0 years on January 1 of the year in which recruitment is to be made, if the posts are advertised during the period January 1 to June 30 and on July 1 if the post are advertised during the period July 1 to December 31 :

Provided that the upper age limit in the case of candidates belonging to the Scheduled Castes, Scheduled Tribes and such other categories as may be notified by the Government from time to time shall be greater by such number of years as may be specified.

Rule 11. Character.

The character of a candidate for direct recruitment to a post in the Service must be such as to render him suitable in all respects for employment in Government Service. The appointing authority shall satisfy itself on this point.

Rule 12. Marital Status.

A male candidate who has more than one wife living or a female candidate who had married a man already having  a wife living shall not be eligible for appointment to a post in the service :

Provided that the Government may, if satisfied that there exist special grounds for doing so, exempt any person from the operation of this rule.

Rule 13. Physical Fitness.

No candidate shall be appointed, to a post in the service unless he be in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his duties. Before a candidate is finally approved for appointment he shall be required to pass an examination by a Medical Board :

Provided that a medical certificate of fitness shall not be required from a candidate recruited by promotion.

PART V PROCEDURE FOR RECRUITMENT

Rule 14. Determination of Vacancies.

The appointing authority shall determine and intimate to the Commission the number of vacancies to be filled by direct recruitment during the course of the year as also the number of vacancies to be reserved for candidates belonging to Scheduled Castes, Scheduled Tribes and other categories under Rule 6.

Rule 15. Procedure for direct recruitment.

(1)     Applications for being considered for selection shall be called by the Commission in the prescribed form, which may be obtained from the Secretary to the Commission on payment, if any.

(2)     The Commission, shall having regard to the need for securing due representation of candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories in accordance with Rule 6, call for interview such number of candidates, who fulfil the requisite qualifications, as they consider proper.

(3)     The Commission shall prepare a list of candidates in order of their proficiency as disclosed by the marks obtained by each candidate in the interview. If two or more candidates obtain equal marks, the Commission shall arrange their names in order of merit on the basis of their general suitability for the service. The number of the names in the list shall be larger (but not larger by more than 25 per cent) than the number of the vacancies. The Commission shall forward the list to the appointing authority.

Rule 16. Procedure for recruitment by promotion.

(1)     (a) Recruitment by promotion to the post of Director of Higher Education shall be made on the basis of merit through the selection committee comprising :

(1)     Chief Secretary to Government Chairman

(2)     Secretary to Government Personnel Department Member

(3)     Secretary to Government Education Department Member

(b) Recruitment by promotion to the post of Principal Government Post graduate Colleges, Joint Director of Higher Education and College Development Officers shall be made on the basis of merit and to the post of Principal Degree Colleges, shall be made on the basis of seniority subject to the rejection of the unfit through the selection committee comprising :

1.        Secretary to Government Personnel Department;

2.        Secretary to Government Education Department;

3.        Director of Higher Education.

(2)     The appointing authority shall prepare an eligibility list of the candidates arranged in order of seniority and place it before the relevant selection committee along with their character rolls and such other records pertaining to them, as may be considered proper.

(3)     The selection committee shall consider the cases of candidates on the basis of the records, referred to in sub rule (2) and if it considers necessary, it may interview the candidates also.

(4)     The selection committee shall prepare a list of selected candidates arranged in order of seniority and forward the same to the appointing authority.

PART VI APPOINTMENT, PROBATION, CONFIRMATION AND SENIORITY

Rule 17. Appointment.

(1)     Subject to the provisions of sub rule (2) the appointing authority shall make appointment by taking the names of candidates in the order in which they stand in the lists prepared under Rule 15 or 16 as the case may be.

(2)     If more than one order of appointment are issued in respect of any one selection, a combined order shall also be issued, mentioning the names of the persons in order of seniority as determined in the selection or, as the case may be, as it stood in the cadre from which they are promoted.

(3)     The appointing authority may make appointments in temporary or officiating capacity also from the lists referred to in sub rule (1). If no candidate borne on these lists is available, he may make appointments in such vacancy from amongst persons eligible for appointment under these rules. Such appointments shall not last for a period exceeding one year or beyond the next selection under these rules, whichever be earlier, and where the post is within the purview of the Commission the provisions of Regulation 5 (a) of the Uttar Pradesh Public Service Commission (Limitation of Functions) Regulations, 1954, shall apply.

Rule 18. Probation.

(1)     A person on appointment to a post in the Service in or against a permanent vacancy shall be placed on probation for a period of two years.

(2)     The appointing authority may, for reasons to be recorded extend the period of probation, in individual cases specifying the date up to which the extension is granted :

Provided that save in exceptional circumstances, the period of probation shall not be extended beyond one year and in no circumstance beyond two years.

(3)     If it appears to the appointing authority at any time during or at the end of the period of probation or extended period of probation that a probationer has not made sufficient use of his opportunities or has otherwise failed to give satisfaction, he may be reverted to his substantive post, if any, and if he does not hold a lien on any post, his services may be dispensed with.

(4)     A probationer who is reverted or whose services are dispensed with, under sub rule (3) shall not be entitled to any compensation.

(5)     The appointing authority may allow continuous service, rendered in an officiating or temporary capacity in a post included in the cadre or any other equivalent or higher post, to be taken into account for the purpose of computing the period of probation.

Rule 19. Confirmation.

A probationer shall be confirmed in his appointment at the end of the period of probation or the extended period of probation if

(a)      his work and conduct is reported to be satisfactory;

(b)      his integrity is certified, and

(c)      the appointing authority is satisfied that he is otherwise fit for confirmation.

Rule 20. Seniority.

(1)     Except as hereinafter provided, the seniority of persons in any category of posts shall be determined from the date of the order if substantive appointment and if two or more persons are appointed together, by the order (in which their names appear in the appointment order :)[2]

Provided that

(a)      if the appointment order specifies a particular back date with effect from which a person is appointed, substantively that date, will be deemed to be the date of order of substantive appointment and in other cases, it will mean the date of issue of the order;

(b)      if more than one orders of appointment are issued in respect of any one selection the seniority shall be as mentioned in the combined order of appointment issued under sub rule (2) of Rule 17;

(c)      a lecturer recruited by the Commission for appointment in the post graduate colleges and appointed as such before June 5, 1972 shall be senior to a Lecturer recruited by the Commission for appointment in Degree College and appointed as such;

(d)      an officer recruited by the Commission for appointment as Principal of Degree Colleges before November 30, 1977 shall be deemed to have been appointed, in Category IV (a) of the Service;

(e)      Assistant professors so long as they hold a lien on such posts shall rank below the Professors selected by the Commission.

(2)     The seniority inter se of persons appointed directly on the result of any one selection, shall be the same as determined by the Commission :

Provided that a candidate recruited directly may lose his seniority if he fails to join without valid reasons when vacancy is offered to him. The decision of the appointing authority as to the validity of reasons shall be final.

(3)     The seniority inter se of persons appointed by promotion shall be the same as it was in the cadre from which they were promoted.

PART VII PAY ETC.

Rule 21. Scales of pay.

(1)     The scales of pay admissible to persons appointed to the various categories of posts in the service, whether in a substantive or officiating capacity or as a temporary measure, shall be such as may be determined by the Government from time to time.

(2)     The scales of pay at the time of the commencement of these rules are as follows :

Rule 22. Pay during probation.

(1)     Notwithstanding any provision in the Fundamental Rules, to the contrary, a person on probation, if he is not already in permanent Government Service, shall be allowed his first increment in the time scale when he has completed one year of satisfactory service, has passed departmental examination and undergone training, where prescribed, and second increment after two years' service when he has completed the probationary period and is also confirmed :

Provided that if the period of probation is extended on account of failure to give satisfaction such extension shall not count for increment unless the appointing authority directs otherwise.

(2)     The pay during probation of person who is already holding a post under the Government, shall be regulated by the relevant Fundamental Rules :

Provided that, if the period of probation is extended on account of failure to give satisfaction, such extension shall not count for increment unless the appointing authority directs otherwise.

(3)     The pay during probation of a person already in permanent Government service shall be regulated by the relevant rules, applicable to Government servants generally serving in connection with the affairs of the State.

Rule 23. Criterion for crossing efficiency bar.

No person shall be allowed to cross the efficiency assessment bar unless he has worked diligently and to the best of his ability, his work and conduct is found to be satisfactory and unless his integrity is certified.

PART VIII OTHER PROVISIONS

Rule 24. Canvassing.

No recommendations, either written or oral, other than those required under the rules applicable to the post or service will be taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature will disqualify him for appointment.

Rule 25. Regulation of other matters.

In regard to the matters not specifically covered by those rules or special order, persons appointed to the service shall be governed by the rules, regulations and orders applicable generally to Government servants serving in connection with the affairs of the State.

Rule 26. Relaxation in the conditions of service.

Where the State Government is satisfied that the operation of any rule regulating the conditions of service of a person appointed to the service causes undue hardship in any particular case it may, notwithstanding anything contained in the rules applicable to the case, by order, dispense with or relax the requirements of that rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner :

Provided that where a rule has been framed in consultation with the Commission that body shall be consulted before the requirements of the rule are dispensed with or relaxed.

Rule 27. Savings.

Nothing in these rules shall affect reservations and other concessions required to be provided for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other special categories of persons in accordance with the orders of the Government issued from time to time in this regard.

APPENDIX

[See Rule 8 (2))

1.        The following shall be the minimum qualifications for the post of Lecturer in the Faculties of Arts, Science and Commerce :

(a)      An M. Phil. Degree or a recognised degree beyond the Master's level or published work indicating the capacity of the candidate for independent research work; and

(b)      consistently good academic record with at least first or high second class Master's degree or an equivalent degree of a foreign University, in the relevant subject.

2.        The following shall be the minimum qualification for the post of Lecturer in the' Faculty of Education :

(a)      An M. Phil, degree or a recognised degree beyond the Master's level or published work indicating the capacity of the candidate for independent research work; and

(b)      a consistently good academic record with at least first or high second class Master's degree in Education and also Master's degree or an equivalent degree of a foreign University, in a relevant subject.

3.        The minimum qualifications for the post of Lecturer in the Faculty of Law shall be a degree in Master of Law with consistently good academic record.

4.        If the Selection Committee is of the view that the research work of a candidate as evident either from his thesis or from his published work is of a very high standard, it may relax any of the qualifications prescribed in sub clause (b) of clause (1), or sub clause (b) of clause (2), as the case may be.

5.        Where no candidate possessing the qualifications prescribed in sub clause (a) of clause (1) or sub clause (a) of clause (2) is available or considered suitable, the college on the recommendations of the selection committee may appoint a person possessing a consistently good academic record on the condition that he obtains such qualifications within five years of his appointment failing which he shall not be able to earn future increments until he fulfils the requirements.

6.        For the purpose of this statute :

(a)      marks above the mid point between the minimum percentage of marks fixed by the University for award of first and second divisions are said to be high second class marks;

(b)      a candidate for lecturership in the Faculty of Education having obtained either an average of 50 per cent marks in the two examinations prior to the Master's Degree, that is to say the Intermediate and Bachelor's Degree examinations as also in the examination for B. Ed. Degree 1(irrespective of the marks obtained in any of the three examinations) or 50 per cent marks in each of the three examinations separately, is said to have a consistently good academic record;

(c)      A candidate for lecturership in the Faculty of Law having obtained either an average of 55 per cent marks in the two examinations prior to the LL. M. Degree that is to say examinations for LL. B. and the examination for any other Bachelor's Degree (irrespective of the marks obtained in any of the two examinations) or 50 per Cent marks in each of the two examinations separately, is said to have a consistently good academic record;

(d)      A candidate (other than a candidate for lecturership in the Faculty of Education and the Faculty of Law) having obtained either an average of 55 per cent marks in the two examinations prior to Master's Degree that is to say Intermediate and Bachelor's Degree examination (irrespective of the marks obtained in any of the two examinations), or 50 per cent marks in each of the two examinations separately is said to have a consistently good academic record.