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Recruitment Procedure in Christian Minority Institutions

Recruitment procedure in the Christian minority Institutions enjoying Special Rules for management in terms of Notification No. 641-Edn dated 23.05.1974.

Government of West Bengal
School Education Department, Law Branch
Bikash Bhawan, Salt Lake, Kolkata- 700091

No. 1092-ES/S/10M-104/2011 Date: 06.06.2012

ORDER

Subject: Recruitment procedure in the Christian minority Institutions enjoying Special Rules for management in terms of Notification No. 641-Edn(S) dated 23-5-1974.

Whereas Special Rules vide Notification No. 641-Edn(S) dated 23-5-1974 was granted by the State Government in School Education Department to seventy six schools, detailed list therein, established and administered by Christian minorities as per the provisions of Article 30 of the Constitution of India;

And whereas the School Education Department, Government of West Bengal framed recruitment rules in terms of G.O. 1314(50)-SE(S) dated 17-9-2002 for those schools run by Special Rules vide Notification No. 641-Edn(S) dated 23-5-1974;

And whereas it has been reported by certain minorities institutions represented by the Christian minorities that serious problems are being faced by them under the existing procedure to get approval of appointment of teaching and other nonteaching staff;

Now therefore, the Governor has been pleased to order that the District Inspectors of Schools shall accord approval of appointment of Headmaster/ Headmistress/ Assistant Headmaster/ Assistant Headmistress/ Assistant Teacher/ Non-Teaching staff including Librarian of high schools against vacancy of sanctioned post of those schools run by Special Rules vide Notification No. 641-Edn(S) dated 23-5-1974 after being satisfied about the following:-

1. The appointed candidate shall fulfil the minimum academic qualifications, professional qualifications, age limit and citizenship as laid down in the West Bengal School Service Commission (Selection of Persons for Appointment to the post of Teachers) Rules, 2007 as amended from time to time or the West Bengal School Service Commission (Selection of Persons for Appointment to the Post of Non-Teaching Staff) Rules, 2009 amended from time to time as the case may be.

2. The appointment shall be made in a clear vacancy in permanent/additional post duly sanctioned by the competent authority.

3. The appointment shall be given after selection from eligible candidates through open advertisement of the vacancy in at least two State-level dailies, of them one in English, in order to satisfy the provision of equality of opportunity as enshrined in Art. 16 of the Constitution of India. However, in case the appointment is made from the religious/linguistic minority under a group or organization to which the concerned education institution belong, no separate advertisement will be required. But the minimum academic qualifications, professional qualifications, age limit and citizenship as mentioned above in conditions no.1 shall not be relaxed under any circumstances. However, such appointment from the religious/linguistic minority under a group or organization shall not be more than 10% of the total sanctioned posts of the concerned school.

4. The appointment shall be made by the school authority as per the selection procedure and selection committee which is to be duly constituted by the school authority in question at least 3 months before the Interview/ Written Test of the appointment in question and the same is to be communicated to the office of the District Inspector of Schools (SE) concerned and the Director of School Education, West Bengal with post sanctioning memo, cause of occurrence of the vacancy, no litigation certificate in respect of the vacancy in question and the validity of the Managing Committee.

5. The appointment shall be made gender-wise as per Government norms. No male teacher shall be appointed to a girls’ school whereas female teacher can be appointed in all schools.

6. That appointment of Headmaster/ Headmistress/ Assistant Teacher shall be made in a sanctioned vacant post. The category of post whereof (graduate or Honours/ post graduate) is to be decided by the school authority in accordance with G.O. No. 670-SE(S) dated 04-9-1998.

7. One ward of a deceased employee who dies while in service can be appointed to a clear sanctioned vacancy of the same school provided that the appointee shall fulfil the minimum qualification to the post in question as laid down in the respective recruitment Rules of the West Bengal School Service Commission as stated above and provided further that the incumbent shall fulfil the family income criteria as laid down under notification 697-ES/S dated 09.07.2009 as amended from time to time, as the case may be.

8. The sanctioned vacant post of the Assistant Headmaster/ Assistant Headmistress of the secondary school in question can be filled within the approved teaching staff of the school provided the minimum qualification for the post of Assistant Headmaster/Headmistress shall be as follows:-

a) Honours/Post Graduate in the subject for which the teacher was given appointment or subsequently approval by the concerned District Inspector of Schools;

b) At least 5 years continuous satisfactory teaching experience on the date of advertisement of the vacancy in question; and

c) Secondary Teacher’s Training from any institution duly recognised by National Council for Teachers’ Education.

9. 100-point roster in respect of reservation rules for SC/ST/OBC is not applicable for appointment to the teaching and non-teaching posts in the above said religious/linguistic minority Institutions enjoying Special Rules for management in terms of Notification No. 641-Edn(S) dated 23-5-1974.

10. Any sanctioned vacant post of the Christian minority schools run by Special Rules vide Notification No. 641-Edn(S) dated 23-5-1974 may be filled up by way of transfer of any approved and confirmed Assistant teachers/ Headmaster/ Assistant Headmaster/ Non-teaching staff appointed against the same category of vacancy holding the same category of post and teaching the same subject (in case of assistant teacher) of any Christian minority schools run by Special Rules vide Notification No. 641-Edn(S) dated 23-5-1974.

11. Any mutual transfer approved by the school authorities and the founder bodies in case of a teacher appointed from the concerned religious order against a sanctioned post shall subsequently be approved by the District Inspector of Schools concerned provided that the same is done according to terms and conditions mentioned herein above.

12. The Governor has been further pleased to order that the District Inspector of Schools shall communicate his decision in respect of approval of appointment/approval of transfer strictly following the above guidelines within 45 working days from the date of receipt of the application complete in all respects. If the District Inspector of Schools is unable to approve the appointment, he should communicate his views stating the reasons of his inability for not according approval of the same with a copy to the Director of School Education, West Bengal and School Education Department within 45 working days from the date of receipt of the application. However, on expiry of 30 days from the date of submission of papers to the office of the concerned District Inspector of Schools (SE), the concerned school authority shall issue a reminder with a copy to the Director of School Education West Bengal and the School Education Department. Government of West Bengal. In case no communication of approval/non-approval is issued from the District Inspector of Schools within a period of working 45 days from the date of receipt of the application from the concerned educational institution, the approval of appointment or approval of transfer shall be deemed to have been automatically granted to the extent of filling up vacant sanctioned post of the institution only and not to any post claimed in excess of the sanction. The District Inspector of Schools (SE) concerned will issue approval accordingly on expiry of 45 days from the date of submission of application with all required particulars.

13. The application for filing up vacant posts of teaching and non-teaching staff through open advertisement shall be made as per Annexure – (i). The application for approval of such appointment after completion of the recruitment process shall have to be made as per Annexure – (ii). The application for filling up such vacant post for the religious/ minority under a group or organization shall be as per Annexure – (iii) of this order. Further the application for filling up such vacant posts by transfer shall have to be made as per format enclosed Annexure – (IV) of this order.

14. The Head of the Institution and the Secretary shall be personally liable if any appointment is made on the basis of panel prepared by the school authority by way of illegal or irregular procedure or panel prepared against any unauthorized vacancy not duly approved by the competent authority. Government shall not bear any financial liability of such illegal or irregular appointment and the District Inspector of Schools (SE) concerned shall not be bound to accord approval of such illegal appointment.

15. Henceforth no prior permission shall be required for issuance of advertisement and starting the process to fill up any vacant post duly sanctioned by the State Government in School Education Department or Director of School Education, West Bengal.

16. Appointment, confirmation, dismissal, appeal and termination of any employee of the Christian minority schools run by Special Rules vide Notification No. 641-Edn(S) dated 23-5-1974 shall be governed in terms of rule 11 of the above rules. No employee either permanent or probationer shall be dismissed except after giving him or her opportunity to defend himself or herself. Any dismissal or suspension in violation of rules and regulation shall not be acceptable and the school authority shall be liable for the same.

17. This is in cancellation of the earlier G.O. No. 1314(50)-SE(S) dated 17-9-2002. This order will come into force from the date of issuance of this order. But those cases initiated earlier in terms of G.O. No. 1314(50)-SE(S) dated 17-9-2002 shall not come under the purview of the instant order and those cases will be governed by earlier order under supersession.

Enclosure: As stated.

By order of the Governor

Sd/- VIKRAM SEN
Secy. to the Govt. of West Bengal

Annexure (i)

[For Advertisement for filling up vacant posts of Teacher Non-Teaching staff/ Librarian]

Following information shall be given in the open advertisement for filling up vacant posts of Teacher/ Non-Teaching staff/ Librarian for Christian minority Institutions enjoying Special Rules for management in terms of Notification No. 641-Edn(S) dated 23-5-1974.

1. Name of the school With complete postal Address alongwith PIN Code:-

2. Recognition Memo No. and Date given by the West Bengal Board of Secondary Education/West Bengal Council of Higher Secondary Education/any other competent authority.

3. Whether the school is fully aided or DA getting.

4. Name of the Post: – Teacher/ Non-Teaching staff/ Librarian.

5. Scale of Pay as per the latest ROPA attached to post in question:-

6. If the vacant post is meant for Teacher, the following information is to be given:-

(a) Category: – (i) Pass vacancy or (ii) Hons/PG vacancy

(b) Subject:-

(c) Group:-Language/Science & Mathematics/ Social Science/ Work Education & Physical Education and Social Service/HS Section.

7. The minimum academic qualifications, professional qualifications, age limit and citizenship as laid down in the West Bengal School Service Commission (Selection of Persons for Appointment to the post of Teachers) Rules, 2007 amended from time to time or the West Bengal School Service Commission (Selection of Persons for Appointment to the Post of Non-Teaching Staff) Rules, 2009 amended from time to time or the West Bengal Primary School Teachers Recruitment Rules, 2001 amended from time to time.

Annexure (ii)

Prayer for approval of service appointed through open advertisement for filling up vacant posts of Teacher/ Non-Teaching staff/ Librarian for Christian minority Institutions enjoying Special Rules for management in terms of Notification No. 641-Edn(S) dated 23-5-1974.

Following details to be given by the school authority:-

1. Name of the school with complete postal Address alongwith PIN Code:-

2. Recognition Memo No. and Date and Extension of Recognition given by the West Bengal Board of Secondary Education/West Bengal Council of Higher Secondary Education/any other competent authority.[duly attested copy to be submitted by the Head of the Institution]

3. Whether the school is fully aided or DA getting.

4. Validity of the Managing Committee of concerned school:- [A certificate to be submitted by the Head of the Institution]

5. Name of the Post: – Teacher/ Non-Teaching staff/ Librarian/ Teacher for Primary School.

6. Scale of Pay as per the latest ROPA attached to post advertised:-

7. Cause of vacancy:-New creation of post duly sanctioned by the competent authority /Retirement/ Resignation/Death-in-harness/Dismissal duly approval of the competent authority/transfer, [supporting papers duly attested to be submitted]

8. Post creation memo and date:-

9. Name of the authority which sanctioned the post to be filled up:-

10. Date of occurrence of the vacancy

11. Whether the post is free from litigation:- [A certificate to be submitted by the Head of the Institution]

12. If the vacant post is meant for Non-Teaching, the following information is to be given:-

(a) Whether the vacancy is determined as per provision of G.O. No. 333-SE (Apptt.)/10M-32/01 (Pt) dated 8th June, 2007:- [details of the existing non-teaching staff in position to be submitted]

(b) The vacancy is meant for Category of vacancy: – Gr.D/Clerk/Librarian

13. If the vacant post is meant for Teacher, the following information is to be given:-

(a) Category: – (i) Pass vacancy or (ii) Hons/PG vacancy

(b) Subject:-

(c) Group:- Language/ Science & Mathematics/ Social Science/ Work Education & Physical Education and Social Service/ HS Section

(d) Nature of Posts: – Normal Vacancy/ Additional vacancy for Normal section/ Additional vacancy for HS section.

(e) Whether the vacancy is determined maintaining the existing school staff pattern as per provision of G.O. No. 670-SE (S) dated 04.09.1998. [Existing staff pattern and teaching staff in position to be submitted]

14. Name of the appointee to the post [duly filled approval form to be submitted]

15. Academic qualifications Madhyamik onwards:- [attested copy to be submitted]

16. Professional qualifications:- [attested copy to be submitted]

17. Age as on the 1st January of the year of advertisement:- [attested copy of valid age proof certificate to be submitted]

18. Citizenship:- [copy of EPIC or PAN Card or Passport to be submitted]

19. Date of advertisement for filling up the post and name of the Newspaper:-[ copy of advertisement to be submitted]

20. Number of applications received:-

21. Number of applicants called for Written Test/lnterview:-

22. Details of the Selection Committee and Selection Procedure:- [attested copy to be submitted]

23. Date of Written Test/Interview:- [one copy of letter calling for Written Test/Interview to be submitted]

24. Individual Score Sheet of the candidates appeared in the Written Test/Interview:- [Original copy to be submitted]

25. Panel:- [Original copy to be submitted]

26. Whether the panel has been approved by the Selection Committee and the Managing Committee:- [Resolution of the Selection Committee and Managing Committee to be submitted]

27. Date of the issuance of the appointment letter:- [copy of appointment letter to be submitted]

28. Date of joining to the post:- [copy of joining report duly authenticated by the head of the institution or Secretary to be submitted]

Annexure (iii)

Prayer for approval of service appointed as religious/ linguistic minority under group or organization for filling up vacant posts of Teacher/ Non-Teaching staff/ Librarian for Christian minority Institutions enjoying Special Rules for management in terms of Notification No. 641-Edn(S) dated 23-5-1974.

Following details to be given by the school authority:-

1. Name of the school with complete postal Address alongwith PIN Code:-

2. Recognition Memo No. and Date and Extension of Recognition given by the West Bengal Board of Secondary Education/West Bengal Council of Higher Secondary Education/any other competent authority.[duly attested copy to be submitted by the Head of the Institution]

3. Whether the school is fully aided or DA getting.

4. Validity of the Managing Committee of concerned school:- [A certificate to be submitted by the Head of the Institution]

5. Name of the Post: – Teacher/ Non-Teaching staff/ Librarian.

6. Scale of Pay as per the latest ROPA attached to post advertised:-

7. Cause of vacancy:-New creation of post duly sanctioned by the competent authority /Retirement/ Resignation/Death-in-harness/Dismissal duly approval of the competent authority/transfer, [supporting papers duly attested to be submitted]

8. Post creation memo and date:-

9. Name of the authority which sanctioned the post to be filled up:-

10. Date of occurrence of the vacancy

11. Whether the post is free from litigation:- [A certificate to be submitted by the Head of the Institution]

12. If the vacant post is meant for Non-Teaching, the following information is to be given:-

(a) Whether the vacancy is determined as per provision of G.O. No. 333-SE (Apptt.)/10M-32/01 (Pt) dated 8th June, 2007:- [details of the existing non-teaching staff in position to be submitted]

(b) The vacancy is meant for Category of vacancy: – Gr.D/Clerk/Librarian

13. If the vacant post is meant for Teacher, the following information is to be given:

(a) Category:- (i) Pass vacancy or (ii) Hons/ PG vacancy

(b) Subject:-

(c) Group:- Language/ Science & Mathematics/ Social Science/ Work Education & Physical Education and Social Service/ HS Section.

(d) Nature of Posts:- Normal Vacancy/ Additional vacancy for Normal section/ Additional vacancy for HS section

(e) Whether the vacancy is determined maintaining the existing school staff pattern as per provision of G.O. No. 670-SE (S) dated 04.09.1998. [Existing staff pattern and teaching staff in position to be submitted]

14. Name of the appointee to the post [duly filled approval form to be submitted]

15. Academic qualifications Madhyamik onwards:- [attested copy to be submitted]

16. Professional qualifications:- [attested copy to be submitted]

17. Age as on the 1st January of the year of advertisement:- [attested copy of valid age proof certificate to be submitted]

18. Citizenship:- [copy of EPIC or PAN Card or Passport to be submitted]

19. Date of the issuance of the appointment letter:- [copy of appointment letter to be submitted]

20. Date of joining to the post:- [copy of joining report duly authenticated by the head of the institution or Secretary to be submitted]

21. Resolution of the school authority and the founder body in support of the appointment as religious/ linguistic minority under group or organization. [a copy of the resolution duly attested to be submitted]

Annexure (iv)

Prayer for approval of service appointed by way of transfer for filling up vacant posts of Teacher/ Non-Teaching staff/ Librarian for Christian minority Institutions enjoying Special Rules for management in terms of Notification No. 641-Edn(S) dated 23-5-1974.

Following details to be given by the school authority:-

1. Name of the school with complete postal Address alongwith PIN Code:-

2. Recognition Memo No. and Date and Extension of Recognition given by the West Bengal Board of Secondary Education/ West Bengal Council of Higher Secondary Education/any other competent authority.[duly attested copy to be submitted by the Head of the Institution]

3. Whether the school is fully aided or DA getting.

4. Validity of the Managing Committee of concerned school:- [A certificate to be submitted by the Head of the Institution]

5. Name of the Post:- Teacher/ Non-Teaching staff/ Librarian.

6. Cause of vacancy:-New creation of post duly sanctioned by the competent authority/ Retirement/ Resignation/ Death-in-harness/ Dismissal duly approval of the competent authority/transfer, [supporting papers duly attested to be submitted]

7. Post creation memo and date:-

8. Name of the authority which sanctioned the post to be filled up:-

9. Date of occurrence of the vacancy

10. Whether the post is free from litigation:- [A certificate to be submitted by the Head of the Institution]

11. If the vacant post is meant for Non-Teaching, the following information is to be given:-

(a) Whether the vacancy is determined as per provision of G.O. No. 333-SE (Apptt.)/10M-32/01 (Pt) dated 8th June, 2007:- [details of the existing non-teaching staff in position to be submitted]

(b) The vacancy is meant for Category of vacancy:- Gr.D/Clerk/Librarian

12. If the vacant post is meant for Teacher, the following information is to be given:-

(a) Category:- (i) Pass vacancy or (ii) Hons/PG vacancy

(b) Subject:-

(c) Group:- Language/ Science & Mathematics/ Social Science/ Work Education & Physical Education and Social Service/ HS Section.

(d) Nature of Posts:- Normal Vacancy/Additional vacancy for Normal section/ Additional vacancy for HS section.

(e) Whether the vacancy is determined maintaining the existing school staff pattern as per provision of GO No. 670-SE (S) dated 04 09.1998. [Existing staff pattern and teaching staff in position to be submitted]

13. Name of the appointee to the post [duly filled approval form to be submitted]

14. Academic qualifications Madhyamik onwards:- [attested copy to be submitted]

15. Professional qualifications:- [attested copy to be submitted]

16. Age as on the 1st January of the year of advertisement:- [attested copy of valid age proof certificate to be submitted]

17. Citizenship:- [copy of EPIC or PAN Card or Passport to be submitted]

18. Whether the transfer has been approved by the approved by the school authorities and the founder bodies of the concerned school:- [copy of resolution duly attested to be submitted]

19. Earlier Approval of appointment given by the concerned District Inspector of Schools confirmation issued by the competent authority:- [copy duly attested to be submitted]

20. Date of the issuance of the appointment letter:- [copy of appointment letter to be submitted]

21. Date of joining to the post:- [copy of joining report duly authenticated by the head of the institution or Secretary to be submitted]

No. 1092-ES dated 06.06.2012, Source