Recruitment Procedures for the Recognized Madrasahs, 2016

GOVERNMENT OF WEST BENGAL
Minority Affairs & Madrasah Education Department
Nabanna, Howrah – 711102

No. 486-MD/O/2M-11/2016 Dated the 3rd March, 2016.

NOTIFICATION

WHEREAS clause (1) of article 30 of the Constitution of India states that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

AND WHEREAS in pursuance of article 30 of the Constitution this Department vide Notification No. 1465-MD/07 dt. 12.10.2007 declared all recognized and aided Madrasahs in the State as Minority Educational Institutions.

AND WHEREAS the Hon’ble Division Bench of the Calcutta High Court by a judgement dated 9.12.15 in appeals (MAT 473 of 2014 & AST 130 of 2014) against the judgement of the Single Judge of the Calcutta High Court in W.P. No. 20650 (W) of 2013 inter alia held that The West Bengal Madrasah Service Commission Act, 2008 (West Bengal Act XXV of 2008) to be unconstitutional.

WHEREAS the Hon’ble Division Bench of the Calcutta High Court by a judgement dated 9.12.15 inter-alia had given liberty to provide appointment to the candidates who are empanelled by the West Bengal Madrasah Service Commission awaiting such appointment.

NOW, THEREFORE, the Governor is pleased to order that since a substantial portion of the financial obligations of all non-government recognised aided Madrasahs is met from the grants of the State Government, it is essential that all the Madrasahs should follow an open, rational and transparent norms and procedures to maintain the overall quality of education in the Madrasahs strictly in the matter of recruitment of teaching and non teaching staff in their respective institution-

Procedures

1. Short title

These procedures may be called Recruitment Procedures for the Non-Government Recognized Aided Madrasahs (Primary, Junior High, High, Higher Secondary and Senior), 2016.

2. Qualifications

The appointed candidate shall fulfil the minimum academic qualifications, professional qualifications, age limit and citizenship as laid down in the Schedule.

3. Sanctioned vacancies

The approval of appointment will be accorded against the sanctioned vacancy of the Madrasah for which sanction memorandum has been issued by the competent authority from time to time.

4. Publication of Employment Notifications

(1) – The appointment of teaching and non-teaching staff including the post of Head Master/ Head Mistress/ Superintendent shall take place after selection from the eligible candidates obtained through open advertisement as per Annexure-I in at least two State-level dailies, of which one will be in Bengali, in order to satisfy the provision of equality of opportunity as enshrined in Article 16 of the Constitution of India.

(2) The Madrasah Managing Committee shall submit a prayer to the concerned District Inspector of School for approval of service of the candidate appointed through open advertisement for filling up the vacant post of teaching and non-teaching staff including the post of Head Master/Head Mistress/Superintendent as per Annexure II.

5. Selection Committee

The appointment shall be made by the Madrasah Managing Committee which will frame the norms and selection procedure, at least three months before the Written Test and Interview of the appointment in question and the same is to be communicated to the office of the District Inspector of Schools (PE)/(SE)/ Additional District Inspector of Schools (PE)/(SE) concerned and the Director of Madrasah Education, West Bengal. The Madrasah Managing Committee shall also constitute a selection committee for this purpose and intimate the same to the concerned Inspector of Schools.

6. Gender

No male teacher shall be appointed in a Girls’ Madrasah whereas female teacher can be appointed in all Madrasahs.

7. Appointment of Headmaster/Headmistress/ Superintendent/ Assistant Teachers/ Non-Teaching staff including Librarian

The appointment of Headmaster/Headmistress/Superintendent/Assistant Teacher /Non-Teaching staff including Librarian shall be made against a sanctioned vacant post.

8. Appointment in Die-in-Harness cases

One ward (spouse/son/daughter) of the deceased teacher or nonteaching staff who dies while in service may be appointed against a clear sanctioned vacancy of the non-teaching post in the same Madrasah provided the ward shall fulfil the minimum qualification to the post in question as laid down in the Schedule and shall apply to the Madrasah Authority within a period of two years of the death of the teacher or non-teaching staff.

9. Appointment

(1) The Headmaster/ Headmistress/ Assistant Headmaster/ Assistant Headmistress/ Superintendent/ Assistant Superintendent/ Assistant Teacher/ Non-teaching Staff shall be appointed by the Madrasah Managing Committee.

(2) The sanctioned vacant post of the Assistant Headmaster/ Assistant Headmistress/ Assistant Superintendent of the Madrasah in question, may be filled up from amongst the sanctioned strength of Teaching Staff provided the minimum enrolment of the Madrasah is not less than 500 in case of a Madrasah running classes upto Class X and the minimum enrolment of the Madrasah is not less than 750 in case of a Madrasah running classes upto Class XII and provided the incumbent fulfils the minimum qualification for the post of Assistant Headmaster/ Assistant Headmistress/ Assistant Superintendent as laid down in the Schedule.

10. Prior Permission

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 or the Director of Madrasah Education, West Bengal provided the terms and conditions as stated in these Procedures are fulfilled.

11. Roster of vacancies

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 Non-Government Recognized Aided Madrasahs as they are minority educational institutions.

12. Transfer

(1) There may be mutual transfer of any approved and confirmed Headmaster/ Headmistress/ Assistant Headmaster/ Assistant Headmistress/ Superintendent/ Assistant Superintendent/ Assistant Teacher appointed against the same category of vacancy and teaching the same subject in any other Madrasah provided the Managing Committee of both Madrasahs agree and give a “No Objection” for the same.

(2) There may be mutual transfer of any approved and confirmed Non-Teaching Staff holding the same category of post in any other Madrasah provided the Managing Committee of both Madrasahs agree and give a “No Objection” for the same.

(3) Any teaching and non-teaching staff on his written prayer may be transferred to a vacant post equal in all respects in any other Madrasah provided the Managing Committee of both Madrasahs agree and give a “No Objection” for the same.

(4) The option of mutual transfer/ transfer on prayer can be exercised only once in their/ his service period.

(5) Any mutual transfer or a transfer on prayer proposed by the respective Madrasah Management Committee shall subsequently be approved by the District Inspector of Schools (PE)/(SE) concerned if it is within his territorial jurisdiction and by the Director, Madrasah Education in all other cases, provided that the proposal has abided by the terms and conditions given in these Procedures. The Madrasah Management Committee shall submit a proposal for approval by way of mutual transfer/ transfer on prayer for filling up the vacant posts of teaching and non-teaching staff including the post of Head Master/Head Mistress/ Assistant Headmaster/Assistant Headmistress/ Superintendent/ Assistant Superintendent/ Assistant teachers/ Nonteaching staff as per Annexure-III.

13. Approval of appointment or transfer

The District Inspector of Schools (PE)/ (SE)/ Director, Madrasah Education as the case may be, 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 (PE)/(SE) is unable to approve the appointment, he shall communicate his views stating the reasons of his inability for not according approval of the same with a copy to the Director of Madrasah Education, West Bengal. In case no communication of approval/non-approval is received from the District Inspector of Schools (PE)/ (SE) within a period of 60 days from the date of receipt of the application from concerned Madrasah, the Madrasah Managing Committee will move to the Director of Madrasah Education with a copy to the Minority Affairs and Madrasah Education Department, Government of West Bengal and on receipt of such communication, the Director of Madrasah Education shall take appropriate action within a period of 45 days subject to terms and conditions as specified in these Procedures with a copy to the Minority Affairs and Madrasah Education Department, Government of West Bengal.

14. Appellate Authority

The Principal Secretary/ Secretary of Minority Affairs & Madrasah Education Department shall be the final appellate Authority in respect of any dispute regarding selection, appointment and transfer of teaching and non-teaching staff under these Procedures.

15. Short-Term Vacancy

The approval of appointment may be accorded against a short term vacancy (Leave/ Deputation etc.) as defined in the West Bengal Schools (Recruitment of Teacher on Vacancy caused by Leave or Deputation) Rules 2006. The selection of candidates having qualifications as stated in the Schedule, must be made through open advertisement (as per Annexure-IV) of the vacancy in at least two State-level dailies, one in Bengali, in order to meet the requirement of equality of opportunity as enshrined in the Article 16 of the Constitution of India. The Madrasah authority shall submit the prayer for approval of service for a short-term vacancy as per Annexure II.

16. Madrasah

A Madrasah means a Non-Government Aided Recognized Madrasah notified as a minority educational institution vide Notification No. 1465-MD/07 dated 12.10.17 or by any notification made from time to time by the State Government.

17. Statutory obligation

(1) The State Government in the Minority Affairs & Madrasah Education Department or the Director of Madrasah Education or the District Inspector of Schools (PE)/ (SE) concerned shall not take any financial responsibility for any appointment, if made in violation of these Procedures.

(2) Recruitment procedure initiated before this notification, shall be completed as per provisions of the Order No. 93-SE/S/10R-14/2013 dated 9.2.15 of the School Education Department.

18. Alternative Recruitment Procedure

Notwithstanding anything prescribed in these Procedures a Madrasah Managing Committee may appoint a teaching staff against a clear vacancy from amongst the candidates already empanelled by the West Bengal Madrasah Service Commission.

19. Interpretation

The power to interpret these Procedures rests with the State Government in the Minority Affairs & Madrasah Education Department. If any question relating to the interpretation of these Procedures arises, it shall be referred to the State Government in the Minority Affairs & Madrasah Education Department whose decision thereon shall be final.

No. 486-MD dated 03.03.2016