WBSSC (Selection for Appointment to the Posts of Teachers for Classes XI and XII in Higher Secondary Schools) Rules, 2016

GOVERNMENT OF WEST BENGAL
School Education Department
(Secondary Branch)
Bikash Bhawan, Salt Lake, Kolkata 700091

No. 1106-SE/S/1S-26/2010 (Pt.-III) Dated the 20th September, 2016.

NOTIFICATION

In exercise of the power conferred by sub-section (1) of section 17, read with section 8 and clause (d) of subsection (2) section 17, of the West Bengal School Service Commission Act, 1997 (West Ben. Act IV of 1997), and in supersession of the West Bengal School Service Commission (State Level Selection Test for appointment to the posts of Teachers) Rules, 2015, issued with this Department notification No. 165-SE(S)/1S-26/2010 (Part II) dated the 3rd March, 2015, published in Kolkata Gazette, Extraordinary, Part I, dated the 9th March, 2015, the Governor is pleased hereby to make the following rules regulating the manner and scope of selection of persons for appointment to the posts of Teachers for classes XI and XII- in Higher Secondary Schools:-

Rules

1. Short title and commencement

(1) These rules may be called the West Bengal School Service Commission (Selection for Appointment to the Posts of Teachers for Classes XI and XII in Higher Secondary Schools) Rules, 2016.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions

(1) In these rules, unless the context otherwise requires,-

(a) “Act” means the West Bengal School Service Commission Act, 1997 (West Ben. Act IV of 1997);

(b) “Category” means reservation category, gender category, medium of instruction category, subject category, post category;

(c) Central Commission” means the West Bengal Central School Service Commission constituted under clause

(a) of sub-section (1) of section 3 of the Act;

(d) concerned subject, in relation to a post, means a subject against which a vacancy has been reported for the purpose of selection of a person to the post:

Provided that the Central Commission shall determine equivalence of any subject with the approval of the State Government as per clause (e) of sub-section (2) of section 17 of the Act;

(e) “Degree or Diploma” means- Graduation or Post Graduation from a University recognised by the University Grants Commission, or a professional qualification duly recognised by the National Council for Teacher Education (NCTE), as the case may be;

(f) “interview list” means a list of candidates to be called for personality test category-wise on the basis of merit (marks of written test, academic and professional qualification) in the ratio of 1:1.4 of final vacancies;

(g) “merit list” means a list of candidates prepared category-wise on the basis of marks obtained by a candidate in written test, in academic and professional qualification and in the personality test;

(h) “Panel” means a list of candidates (category-wise) of the merit list equal to the number of final vacancies and includes a panel (region-wise) on the basis of the option exercised by the candidates;

(i) “Post” means a whole-time post of Teacher for classes XI and XII against declared and sanctioned vacancy;

(j) “Reserved Category” means category of reservation in respect of Schedule Castes, Scheduled Tribes, Other Backward Classes and Physically Handicapped candidates;

(k) “Schedule” means Schedules appended to these rules;

(l) “State” means the State of West Bengal;

(m) “State Government” means the Government of West Bengal in the School Education Department;

(n) “State Level Selection Test (SLST)” means the test to be conducted by the Central School Service Commission for recruitment of Teachers of the categories stated in these rules within its jurisdiction of the State without excluding or excluding any area or school/schools;

(o) “sub-rule” means sub-rule of a rule in which the word or expression occurs;

(p) “vacancy” means a vacancy in the post of a Teacher for classes XI & XII caused by-

(i) creation of a new post;

(ii) superannuation;

(iii) death;

(iv) resignation;

(v) transfer;

(vi) removal or dismissal;

(vii) any other reason, apart from the above, as the State Government may, by order, determine;

(q) “waiting list” means a list of candidates from the merit list (category-wise) but not included in the panel;

(r) “NCTE” means the National Council for Teacher Education (a statutory body of the Government of India);

(s) “RTE Act” means the Right of Children to Free and Compulsory Education Act, 2009;

(2) Words and expressions used and not defined in these rules but defined in the Act, shall have the same meanings as respectively assigned to them in the Act.

3. Method of recruitment

The appointment of persons to the posts mentioned in column (2) of Schedule I shall be made by selection (direct recruitment) through West Bengal School Service Commission in the manner as specified in rule 7.

4. Name of post, qualification and age

(1) The name of the posts, and its qualification shall, subject to rule 5, be such as specified respectively in columns (2) and (3) of Schedule I:

Provided that qualification of Teacher includes academic qualification and professional qualification of Teachers for classes XI and XII as notified by the NCTE or Central Government from time to time and applicable on the date of advertisement:

Provided further that certificates obtained on or before the last date of receive of application as mentioned in the application Form, shall be counted for academic and professional qualification.

(2) The age-limit for the post referred to in column (2) shall be such as specified in column (4) of Schedule I:

Provided that a non-teaching staff or a Teacher having post-graduate degree but holding lower category of post, may apply with maximum age of 55 years as on the 1st day of January of the year of advertisement.

5. Additional essential qualification of candidate

A candidate willing to be-selected as a Teacher for Classes XI and XII in any School having Bengali or English or Hindi or Nepali or Oriya or Santhali or Telegu or Urdu as the medium of instruction, shall have Bengali or English or Hindi or Nepali or Oriya or Santhali or Telegu or Urdu, as the case may be, as first or second or third language at Secondary level of the Board or equivalent or at Higher Secondary level of the Council or equivalent.

6. Disqualification

(1) No person shall be eligible for selection for appointment to the post of Teacher for Classes XI and XII unless he is a citizen of India.

(2) No person shall be eligible for selection for appointment to the post of a Teacher for Classes XI and XII in any School if he/she is convicted by any Court of law or who is under suspension from any school or removed from service from any school or against whom criminal case is pending in any court of law.

7. Manner of selection

(1) Selection to the post of the Teacher for Classes XI and XII shall be made on the basis of the results of the State Level Selection Test (SLST) comprising written examination conducted by the Central Commission, evaluation of academic and professional qualification and personality test of the candidates in the manner as specified in Schedule II.

(2) The Central Commission may, in its discretion, fix qualifying marks, to be scored by the candidates, in written examination or in aggregate or in both and/or relax the qualifying marks on reasonable grounds and such reasons shall be recorded in writing.

8. Information regarding vacancies

(1) The District Inspectors of Schools (Secondary Education) shall, on being asked by the Director of School Education, prepare a report regarding the number of vacancies in posts, subject-wise, medium-wise, gender-wise and reservation category-wise for the posts of such Teachers and shall send it to the Directorate of School Education.

(2) On receipt of report under sub-rule (1), the Directorate of School Education shall, with due approval of the State Government, send the subject-wise, medium-wise, gender-wise and reservation category-wise vacancy report compiled region-wise for the posts Teacher for Classes XI and XII, to the Central Commission.

(3) The report as mentioned in sub-rule (2) shall be sent to the Central Commission in the following manner:-

(a) firstly, before the date of publication of the advertisement inviting application; and

(b) lastly, fifteen (15) days before the date of publication of the result of the written examination.

9. Advertisement

(1) The Central Commission shall, on receipt of the report of region-wise vacancies under rule 8, issue an advertisement through newspapers in the State in English, Bengali, Hindi and or in any other languages, if necessary as may be decided by the Commission, and also through the website of the Commission.

(2) Such advertisement shall be issued specifying the vacancies, qualification, age as on the 1st day of January of the year of advertisement, and other necessary information relating to such posts, details of which may be obtained through the website of the Central Commission and from the Offices of Central Commission and Regional Commissions.

(3) While specifying the vacancies in the advertisement, the Central Commission shall, for the said posts of such Teachers, publish a tentative number of vacancy at the time of inviting applications for State Level Selection Test (SLST) on the basis of report under clause (a) of sub-rule (3) of rule 8 and a final vacancy list at the time of publication of the result of the written examination declaring the actual vacancies on the basis of report under clause (b) of sub-rule (3) of rule 8.

10. Form of application

(1) The form of application for Sate Level Selection Test (SLST) for appointment to the posts shall be such, as may be determined by the Central Commission from time to time .

(2) The proforma of the form of application may be published in the Newspapers or the Commission’s website as may be determined by and at the discretion of the Central Commission.

(3) The fees of the SLST shall be such as may be fixed by the Central Commission from time to time.

11. Submission of applications

The applications shall be submitted within such time and in such manner as may be specified by the Central Commission in the advertisement.

12. Selection of candidates and preparation of panel

(1) The Central Commission shall arrange for proper custody of all online applications which may be received by it against the vacancies.

(2) (a) The Central Commission after receiving application forms shall prepare list of eligible candidates for the purpose of preparation of a computer generated database of all the candidates.

(b) The admit cards for written examination shall be issued by the Central Commission by any mode as may be determined by the Central Commission.

(3) The Central Commission shall arrange written examination.

(4) The Central Commission shall determine the method of written examination, contents of papers, duration of examination, time and venue of examination and other matters relating to the State Level Selection Test.

(5) The Central Commission shall decide the procedure and the manner of conducting the Selection Test.

(6) After the evaluation of the OMR Sheet or answer-sheet of the written examination, the Central Commission shall prepare and publish in their website with all details of the candidates to be called for personality test (Interview List) category-wise on the basis of merit (marks of written test, academic and professional qualification as mentioned in Part B of Schedule II) in the ratio of 1:1.4 of final vacancies.

(7) The Central Commission shall prepare and publish in their website a merit list of candidates prepared category-wise on the basis of marks obtained in written test, in academic and professional qualification and in personality test.

(8) The Central Commission shall prepare and publish in their website a merit based panel of candidates (category-wise) of the merit list equal to the number of vacancies and region-wise list on the basis of the option exercised by the candidates and shall prepare and publish in their website a category-wise waiting list of the rest of the candidates of the merit list not included in the panel:

Provided that the written answer script/OMR shall not be reviewed or re-evaluated:

Provided further that the Central Commission shall publish in the website the appropriate answers of the questions for general information.

Provided also that the number of qualified candidates to be called for the personality test shall not exceed 1.4 times the number of actual vacancies published at the time of declaration of the result of written examination under clause (b) of sub-rule (3) of rule 8:

Provided also that if the marks at the last position of the qualified list of candidates shall be same for more than one candidate, all such candidates at that position shall be called for the personality test even if the last candidate exceeds limit of 1.4 times.

Provided also that if any candidate makes omission or commits error or makes any mistake of any nature to fill in the OMR sheet or any defect crept in the OMR sheet of such candidate, the answer script of such candidate will not be evaluated and the candidature of such candidate will not be considered.

(9) If more than one candidate obtain the same aggregate (total marks) the merit position of the candidates shall be determined according to their date of birth, i.e. candidates with earlier date of birth shall be preferred and if the aggregate and date of birth shall also be same, the candidates obtaining higher academic score shall be preferred and if the aggregate date of birth and academic score shall be same, the candidates obtaining higher marks in written examination shall be preferred.

(10) The Central Commission shall publish such panel and waiting list of candidates in the website of the Commission as well as the Offices of the concerned Regional Commissions. A copy of the same will be submitted to the School Education Department and the Directorate of School Education for information.

13. Duties of the Central Commission in regard to selection

(1) Save as otherwise provided under these rules, the Central Commission shall perform the following functions in general:-

(i) to keep liaison with the department to resolve different issues and chalk out the programme for conducting Selection Test;

(ii) to finalize the details of the programme for Selection Test;

(iii) to appoint paper setters;

(iv) to issue notification and/or advertisement for conducting Selection Test;

(v) to determine the format of application along with brochure and mode of publication thereof;

(vi) to appoint district observers for conduct of Selection Test;

(vii) to constitute Personality Test Board consisting of members as specified in Schedule III;

(viii) to determine the procedure for preparation of Merit List and Panel;

(ix) to fix up the mode of publication of notice, merit list, vacancies, etc.;

(x) to do such other act as may be necessary for proper conduct of the Selection Test;

(xi) other duties as may be required to perform in connection with the Selection Test.

(2) The Central commission may assign any of the above functions to the Regional Commissions and may take any assistance of the Regional Commissions in conducting the Selection Test.

14. Duties of the Regional Commissions in regard to selection

Save as otherwise provided in other provisions of these rules, each Regional Commission shall, in the process of selection of Persons for recommendation, perform the following functions

(1) to assist to process application forms received at the Central Commission;

(ii) to arrange for counseling and recommend persons for appointment from the concerned region wise list prepared by the Central Commission;

(iii) to do such other duties apart from the above, as may be assigned to it by the Central Commission.

15. Validity of panel and waiting list

(1) Each panel and waiting list shall remain valid for one year from the date of publication of the panel and waiting list, or the date of advertisement for the next Selection Test whichever is earlier:

Provided that the names of candidates shall not be recommended against any post other than the post applied for or against any vacancy which has not been notified in terms of clause (b) of sub-rule (3) of rule (8).

(2) Notwithstanding anything contained in sub-rule (1), a panel, waiting list, merit list prepared by each of the Regional Commissions before coming into force of these rules, such panel, waiting list, merit list shall remain valid according to the rules prevalent at that material point of time.

16. Recommendation of candidates for appointment to the post

(1) The Regional Commission shall hold counselling with a view to recommending the name of the candidate from the list for appointment against each vacancy.

(2) Thereafter, the Regional Commission shall recommend the name of only one candidate against each vacancy depending on his/her position in the panel and availability of requisite vacancy and a copy of the letter recommending the name shall be sent through speed post or in such other mode to the candidate, to the concerned authority of the School as well as concerned District Inspector of Schools (SE) where the particular vacancy exists.

(3) A recommendation letter shall remain valid for a period of ninety days from the date of issue:

Provided that the Regional Commission may, if it thinks expedient to extend the validity of the recommendation beyond the period of ninety days for any reasonable cause, for the reasons to be recorded in writing, extend the period of validity of such recommendation letter for a further period not exceeding sixty days.

(4) The concerned School authority shall on the basis of the recommendation of the Commission, issue the letter of appointment to the candidate allowing joining time of not less than thirty (30) days through registered post with acknowledgement due and upon receipt of appointment letter from the concerned school authority the candidate shall join the post within the stipulated period as mentioned in the appointment letter on verification of original certificates/ documents of the candidate by Headmaster/Headmistress or Teacher in Charge.

Provided that if the School authority has any doubt about the vacancy position, it shall intimate the same to the Central Commission/Regional Commission, District Inspector of Schools (Secondary Education) and Director of School Education.

(5) If-

(a) a candidate refuses to accept his/her allotment of post during counselling, or

(b) the Central Commission gets information from any school or from the District Inspector of Schools (Secondary Education), or otherwise, that a candidate recommended for appointment has not accepted the offer of appointment or join the post within the stipulated period, or

(c) such a candidate refuses to accept appointment, or

(d) on further scrutiny it appears that the candidate has misrepresented the facts, the Central Commission may do away with his name from the panel and will be deemed to have been depanelled and recommend the name of a candidate from the waiting list to the Regional Commission for Counselling and final Recommendation, strictly within the validity period of the panel and waiting list.

(6) If a candidate, whose name has been recommended by the Regional Commission for appointment, cannot be appointed to the vacancy for which he/she was recommended for the reason that such vacancy ceased to exist, the managing committee, by whatever name it is called, or the ad-hoc committee or the administrator or the concerned District Inspector of Schools (Secondary Education), as the case may be, shall send an information in this regard to the Regional Commission and Regional Commission may, on receipt of such information, recommend his/her name for any other appropriate vacancy.

(7) If the managing committee, by whatever name it is called, or ad-hoc Committee or the administrator, if any, of any School does not appoint the candidate on the recommendation of School Service Commission having jurisdiction, the Regional Commission shall forward the matter to the School Education Department through Central Commission for taking action under section 9A of the Act.

(8) Male candidate shall not be recommended for appointment in any girls’ school.

17. Cancellation or withdrawal of Recommendation

If prior to or after recommendation or during the course of selection process, it is found that any candidate concealed or suppressed or misrepresented or made false declaration in his/her application or at any subsequent stage or any mistake or fault committed by the Commission in granting recommendation wrongly to any candidate in contradiction to the provisions of the Act, Rules or other conditions as may be laid down, such candidate will be treated as disqualified and his/her recommendation will be cancelled and/or withdrawn at any stage and further his/her appointment, if any, shall stand terminated/cancelled and in such cases the decision of the Central Commission shall be final. Further the Central Commission may also take steps to fill up such post/s from Waiting List within the validity period of the Panel and Waiting List, by issuing suitable direction to the concerned Regional Commission.

18. Carry forward of vacancy

The vacancies, which are not filled up for unsuitability of candidates or for any other reasons, as the Central Commission may by order mention, shall be carried forward for the next recruitment/ transfer process.

19. Interpretation

(1) If any question arises regarding any decision of Central Commission, a reference may be made to the State Government and the decision taken by it shall be final.

(2) In regard to the interpretation of any provision of these rules, the decision of the State Government shall be final.

20. Savings

(1) Nothing in these rules shall affect reservation, relaxation of age limit and other concessions required to be provided for Scheduled Castes, Scheduled Tribes, Other Backward Classes and other special categories of persons in accordance with the orders issued by the State Government from time to time in this regard.

(2) Nothing in these rules shall affect any act done or cause to be done in accordance with the provisions of the earlier rules made or notifications or orders issued under the Act.

21. Preservation of written examination answer scripts

The written answer scripts/OMRs of examinations shall be destroyed by the Commission after 1 year from the date of publication of the panel.

SCHEDULE I
[See rules 3 and 4]

SCHEDULE II
[See rules 7]

PART A

Selection to the Post of Teachers for Class XI and XII in Schools shall be made on the basis of written examination, evaluation of qualifications of the candidates and personality tests to be determined by the Commission in the following manner:

(a) Written Examination: 55 marks
(b) Academic qualifications including professional qualifications: 35 marks
(c) Personality Test (Appearance before the Personality Test Board is compulsory): 10 marks

Note 1 – The academic qualifications including professional qualification shall be evaluated in accordance with Table 1 of Part B of this Schedule.

PART B

PROVISION RELATING TO EVALUATION OF ACADEMIC QUALIFICATIONS INCLUDING PROFESSIONAL QUALIFICATION FOR SELECTION

Table 1

Manner of evaluation of academic qualifications including professional qualification

AWARDS OF MARKS

SCHEDULE III
[See rule 13 (vii)]

PROVISIONS RELATING TO CONSTITUTION OF PERSONALITY TEST BOARD

1. For the purpose of holding personality test, Personality Test Board shall be constituted by the Central Commission, with the following members

(a) one nominee from the Central Commission not below the rank of Principal/TIC/Professor/Associate Professor who shall preside;

(b) one member from any Regional Commission to be nominated by the Chairperson of that Regional Commission;

(c) one expert of concerned subject having minimum 10 years of teaching experience in a Recognized College/ University to be nominated by Central Commission.

SCHEDULE IV
[See rule 16(1)]

Provision relating to counselling for recommendation

1. For the post of Teachers for Classes XI and XII there shall be Counselling for the purpose of recommendation of a person to the post within the territorial jurisdiction of the School Service Commission after publication of the list on the basis of the combined rank position of the empanelled candidate in relation to the category of vacancy against which they have been empanelled, subject-wise and medium-wise.

2. The Central Commission shall publish the details of each vacancy in schools region-wise, subject-wise, medium-wise, gender-wise and reservation category-wise separately on the basis of which list has been prepared. The Central Commission shall publish such list of vacancies in the Commission’s Website. Such relevant list shall be displayed in the counselling venue/s on the respective counselling date with regular updation during counselling for exercising option for selection of School as the case may be, by the candidates at the material point of time as per his/her choice.

3. The empanelled candidates for the post of Teachers for Classes XI and XII in a Selection Test qualified for counselling shall be informed of their rank region-wise, medium-wise, subject-wise irrespective of gender and reservation category as well as their rank in relation to the subject-wise, medium-wise, gender-wise and reservation category-wise according to merit against which they have been empanelled through speed post mentioning the date, time and venue of counseling and such notice shall be deemed to have been served as soon as it has been sent to the candidate by speed post. Candidates can also obtain such information from the website of the Commission and from the offices of the Central and Regional Commissions. In case a qualified candidate does not receive the counselling letter, the candidate must appear for counselling on the date and time specified in the counselling schedule available on the website of the Commission and from the offices of the Central and Regional Commissions.

4. The candidates called for counselling are required to bring with them the original as well as self-attested copies of valid age-proof document, requisite testimonials, caste certificate (if applicable), Physically Handicapped certificate (if applicable) for final verification along with the Intimation Letter for Counselling, Call Letter for Personality Test and Admit Card for the Written Examination.

In case of grave and unavoidable circumstances a candidate may authorize one of his/her near relatives in the manner as will be decided by the Commission to represent him/her at the time of counselling.

5. During counselling the candidate shall exercise option for selection of School in his/her concerned subject, empanelled category and medium for being recommended to a post of Teacher against his/her category-wise rank serial on the basis of the list on availability of vacancies of same nature at the material point of time displayed at the counselling venue on the basis of query regarding allotment of vacancies. The Regional Commission shall arrange to display each allotment of vacancy against empanelled candidates subject-wise, medium-wise, gender-wise and reservation category-wise in the counselling venue.

Further, at the time of counselling the candidates whose names occur in more than one lists i.e., reserved and unreserved lists, vacancies of all the lists will be shown to them for selection. However if a candidate’s name occurs in separate lists for separate regions he/she may choose any region he/she likes.

6. If a candidate appears in the counseling within the day fixed for counseling but not within proper time and misses his/her turn while his/her name is called for selection of schools during the counselling session he/she may not get the opportunity of availing the number of Schools which would have been available to him/her normally in the category, subject and medium against which he/she has been empanelled. But he/she will get his/her turn at the end of the day after completion of counselling of last member attending serially.

7. The candidate shall have to sign a declaration of-

(a) selection and acceptance of the School as per his/her choice available at the time of his/her turn during the counseling session; or

(b) refusal to exercise his/her option in respect of selection and acceptance of any School available at the time of his/her turn during the counseling session;

(c) the qualified absentee candidates will be directed to contact the concerned Regional School Service Commission for getting recommendation letters from the Commission’s office within 10 days from the date of issue of letter in this regard failing which his/her candidature shall be treated as cancelled without any further reference in the matter.

8. Absentee candidates shall not be called for any second counseling.

9. The candidates in the waiting list, if necessary, may be recommended for the post on the basis of counselling and in such case, the relevant provisions of this Part shall apply mutatis mutandis.

By order of the Governor,

Secy. to the Govt. of West Bengal.

No. 1106-SE dated 20.09.2016