Recruitment Procedures in Institutions exempted under WBSSC Act
GOVERNMENT OF WEST BENGAL
School Education Department
Secondary Branch
No. 93-SE/S/10R-14/2013 Dated- 09th February, 2015
ORDER
Sub: Recruitment procedure in the institutions exempted from recruitment from West Bengal School Service Commission under Section 15(a).
WHEREAS in terms of Notification No. 641-Edn(S) dt 23.05.1974 (as amended so far) Special Rules have been granted to several schools and whereas a number of schools have obtained religious/ linguistic minority certificate from the National Commission for Minority Educational Institutions or from Minorities Affairs and Madrasah Education Department, West Bengal and are eligible to be exempted under Section 15(a) of the West Bengal School Service Commission Act, 1997 from recruitment through the West Bengal School Service Commission established under the said Act.
Now, therefore, the Governor has been pleased to order that all school authorities shall strictly observe the following in the matter of recruitment of teaching and non-teaching staff.
1. (A) The school authority shall submit along with proof of existence of vacancy for the post applied for in respect of Assistant Teachers and non-teaching staff along with following documents at least 3 (three) months earlier before the date of occurrence of vacancy in respect of an existing post:
a) A non-litigation certificate against the sanctioned vacant post(s);
b) The recruitment should be justified, considering class-wise pupil-teacher ratio;
c) Existing staff pattern of the school showing the category – Pass Graduate or Honours/ PG category with post sanctioning memo;
d) Subject approval from the Council for H.S. section in case of HS schools;
e) Resolution of the Managing Committee;
f) Proof of the minority status of the school;
g) Recognition of the schools from the WBBSE and WBCHSE;
h) Cause of occurrence of vacancy;
Upon receipt of the prayer the District Inspector of Schools (SE) will examine the issues and on being satisfied shall accord approval of appointment of Assistant Teacher and Non-Teaching Staff including Librarian of high schools against vacancy of posts sanctioned by the Competent Authority.
(B) The Founder Body/ Governing Body will be the appointing authority in respect of Headmaster/ Headmistress/ Assistant Headmaster/ Assistant Headmistress and the School Management Committee will be the appointing authority in respect of other teaching and non-teaching staff. The post of Assistant Headmaster/ Assistant Headmistress will be filled up against the sanctioned vacant post provided the student enrolment upto Class-X should not be less than 750 in average of last 3 (three) years. The Founder Body/ Governing Body shall submit documents as follows:
I. A non-litigation certificate against the sanctioned vacant post(s);
II. In respect of recruitment of Assistant Headmaster/ Assistant Headmistress average student number should be furnished.
III. Resolution of the Founder Body/ Governing Body;
IV. Proof of the minority status of the school.
V. Recognition of the schools from the WBBSE and WBCHSE
VI. Cause of occurrence of vacancy
Upon receipt of the prayer the District Inspector of Schools (SE) will examine the issues and on being satisfied shall accord approval of appointment of Headmaster/ Headmistress/ Assistant Headmaster/ Assistant Headmistress of high schools against vacancy of posts sanctioned by the Competent Authority
(C) In the event if the concerned District Inspector of Schools (SE)/ Additional Inspector of Schools (SE) finds that the information supplied by the school is incomplete and/or incorrect it shall forthwith informed the school authority to meet up the deficiencies.
(D) For the recruitment in a vacant post due to leave/ deputation the school authority will intimate within 1 (one) month from the date of vacancy occurred due to leave/deputation. In this case entire processing of appointment will have to be completed within 03 (three) months. Documents as required in 1(A) will have to be submitted for receiving approval for appointment.
2. The candidates for recruitment of teaching/ non-teaching staff including the post of Headmaster/ Headmistress/ Assistant Headmaster/ Assistant Headmistress shall fulfill the minimum academic qualifications, professional qualifications, age limit and citizenship as laid down in Annexure-II
3. The required qualification and desirable qualifications for the non-teaching staff should not be below the level fixed by the Government.
4. The appointment shall be made against a clear vacancy in permanent/ additional post duly sanctioned by the competent authority.
5. The appointment shall be given after selection from eligible candidates through open advertisement of the vacancy in at least two State-level dailies, one of them should be in English, in order to satisfy the provision of equality of opportunity as enshrined in Art. 16 of the Constitution of India.
6. Not more than 10% of the total sanctioned posts including the post of the Headmaster/ Headmistress/ Assistant Headmaster/ Assistant Headmistress of the concerned school may be kept reserved and to be filled up from the members of the minority organization to which the educational institution belongs. No separate advertisement will be required. But the minimum academic qualification, professional qualifications, teaching experience, age limit and citizenship as specified for recruitment or le post shall not be relaxed under any circumstance.
7. The school authority will constitute a Selection Committee for recruitment of a candidate, against an approved post maintaining pupil-teacher ratio, at least 3 months before the scheduled date of Interview/ Written Test and the same is to be communicated to the of 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 and the validity of the Managing Committee.
8. The appointment shall be made gender-wise as per Government norms. No male teacher shall be appointed to a girls’ school, however, female teacher can be appointed in all schools.
9. One ward of a deceased teacher/ employee who has died while in approved service can be appointed against a clear sanctioned vacancy of any school of the same organization provided that the appointee shall fulfil the minimum qualification for the post as laid down in the applicable recruitment Rules for recruitment of non-teaching staff through the West Bengal School Service Commission as stated above and provided further that the concerned family is financial distressed as defined in the aforesaid recruitment rules and the incumbent shall have to fulfil the criteria as laid down under notifications issued in this regard from time to time by the School Education Department as applicable to teaching and non-teaching employees of schools, mutadis mutandis.
10. 100-point roster in respect of reservation rules for SC/ST/OBC is not applicable for appointment to the teaching and non-teaching posts.
11. Any sanctioned vacant post may be filled up by way of transfer of any approved and confirmed Assistant Teachers/ Headmaster/ Assistant Headmaster/ Headmistress/ Assistant Headmistress/ Non-teaching staff appointed against the same category of vacancy holding the same category of post and teaching the same subject run by the same Trust or Society. Any such transfer approved by the school authorities and the founder bodies in case of a teacher appointed from the concerned minority organization against a sanctioned post shall subsequently be approved by the District Inspector of Schools of the district provided that the same is done according to terms and conditions mentioned herein above.
12. The District Inspector of Schools (SE)/ Additional District Inspector of Schools (SE) shall communicate to the school authority/ organization/ society/ trust his decision in respect of approval of appointment/ approval of transfer strictly following the above guidelines within 30 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 to the school authority/ organization/society/ trust stating the reasons of his inability for not according approval of the same with a copy to the Director of School Education, West Bengal within 30 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 concerned District Inspector of Schools (SE), the concerned school authority may inform the matter of delay to the Director of School Education, West Bengal for necessary action.
13. The application for filling up vacant posts of teaching and non-teaching staff through open advertisement shall be made as per Annexure – (IV) of this Order. Further the application for filling up such vacant posts by transfer shall have to be made as per format enclosed Annexure – (V) of this order.
14. The Head of the Institution and/or the Secretary of the School Managing Committee shall be personally/ jointly liable if any appointment is made on the basis of panel prepared by the school authority by way of illegal and 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 or give any cognizance to such illegal appointment.
15. In all cases of appointments – permanent or temporary, the school committee shall issue letters of appointment specifying the terms and conditions governing such appointment. When a permanent appointment is made the candidate shall be on probation for a specified period, ordinarily not exceeding one year, after which he/she may be confirmed as determined by the school committee provided if the school authority does not agree to confirm a teacher after specified period the ground for delay to be informed in writing to the concerned employee. However, after satisfaction of the school authority the employee will be confirmed without delay.
16. The schools who have already published advertisement for filling up the vacant posts will submit documents as stated in Clause (1) for receiving post-facto approval from the District Inspector of Schools (SE) and on receiving approval the school will proceeds for recruitment according to this procedure. Panel already submitted by the School authorities for approval in pursuance to the GO. No. 1092-ES(S)/10M-104/2011 dt. 06.06.2012 and GO. No. 1314(50)-SE(S)/4A-35/2002 dt. 17.09.2002 will remain valid under the purview of the instant order and those cases will be governed by earlier order.
17. This order will come into effect from the date of publication in the Kolkata Gazette. All further recruitment will be guided by this order in suppression of the GO. No. 1092-ES(S)/10M-104/2011 dt. 06.06.2012 and GO. No. 1314(50)-SE(S)/4A-35/2002 dt. 17.09.2002.
By Order of the Governor.
ARNAB ROY
Secretary to the Government of West Bengal
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