West Bengal Madrasah Service Commission Recruitment (Selection and Recommendation of persons for Appointment and Transfer to the Posts of Teacher and non-teaching Staff) Rules, 2010

GOVERNMENT OF WEST BENGAL
MINORITY AFFAIRS AND MADRASAH EDUCATION DEPARTMENT

No. 1641-MD Date: 11.11.2010

NOTIFICATION

In exercise of the power conferred by section 18 read with sections 8, 9 and 24 of the West Bengal Madrasah Service Commission Act, 2008 (West Ben. Act XXV of 2008), the Governor is pleased hereby to make the following rules namely:-

RULES
CHAPTER- I
Preliminary

1. Short title, commencement and application

(1) These rules may be called the West Bengal Madrasah Service Commission Recruitment (Selection and Recommendation of persons for Appointment and Transfer to the Posts of Teacher and non-teaching Staff) Rules, 2010.

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

(3) These rules shall apply to all Recognised Non-Government Aided Madrasahs in West Bengal.

2. Definitions

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

(i) “Act” means the West Bengal Madrasah Service Commission Act, 2008 (West Ben. Act XXV of 2008);

(ii) “Area” means the area in which the Madrasah is situated, where vacancies/vacancy exists/s and the same may be a district or sub-division or corporation as may be determined by the Commission.

(iii) “Category” in relation to a post of –

(a) “Teacher” means Headmaster/Headmistress, Superintendent, Assistant Teacher in the Hons./Post-Graduate, Pass-Graduate or Under-Graduate category;

(b) “non-teaching Staff’ means the non-teaching staff as defined in clause (mm) of section 2 of the Act;

(iv) “Certificate” means a certificate passing Madhyamik Pariksha or High Madrasah Examination or Alim or Fazil or Higher Secondary Examination or equivalent obtained from the West Bengal Board of Secondary Education or West Bengal Board of Madrasah Education or other recognised Board or Institution constituting West Bengal Council of Higher Secondary Education or Rabindra Mukta Vidyalaya Samsad or other recognized Board of Institution, University or Certificate in Library Science obtained from an institution recognized by the Government or University or certificate passing 8th Standard, issued by any recognized educational institution, school or madrasah or a Madrasah Shiksha Kendra, Madhyamik Shiksha Kendra or Madhyamik Shiksha Kendra (Senior Madrasah type) approved by the Director of Madrasah Education under the Minority Affairs and Madrasah Education Department or approved Madhyamik Shiksha Kendra under the Panchayet and Rural Development Department, Government of West Bengal;

(v) “Commission” means the West Bengal Madrasah Service Commission;

(vi) “Compassionate ground” means death or physical inability or incapacitation before attaining 58 years of age (duly declared by the Medical Boara) of an approved teacher or non-teaching staff of a Madrasah;

(vii) “concerned subject” in relation to a post of teacher, means a subject or subjects against which a vacancy has occured or has been reported or will occur within the stipulated period as determined by the Commission for the purpose of selection of a person to the post;

(viii) “Degree” or “Diploma” means-

(a) Bachelor or Master Degree or any Diploma obtained through regular course as a regular or private or external candidate from a University recognized by or affiliated to University Grants Commission;

(b) Bachelor or Master Degree of any Diploma obtained through distance education system or correspondence course from a University recognized by the University Grants Commission or the Distance Education Council;

(ix) “Director” means the Director of Madrasah Education, West Bengal;

(x) “District Inspector of Schools”, in relation to a Madrasah means the District Inspector of Schools (Secondary Education) exercising jurisdiction in respect of the Madrasah;

(xi) “Head of the Madrasah” means and includes Headmaster, Headsmistress, Superintendent and Teacher-in-Charge;

(xii) “Honours or Post Graduate Vacancy” means a vacancy for the post of a teacher in a Madrasah against which only the person holding a Bachelor degree in the Honours level or Post graduate degree, can be appointed;

(xiii) “Madrasah Authority” means and includes Managing Committee, Ad hoc Committee and Administrator of the Madrasah;

(xiv) “Mutual Transfer” means the mutual change of places of work of two teachers or non-teaching staff of two Madrasahs, of the same category and or subject to the approval of higher authority;

(xv) “Panel” means a list published by the Commission containing the names of candidates equal to number of vacancies declared found fit for appointment strictly in order of merit;

(xvi) “Pass Vacancy” means a vacancy for the post of a teacher in a Madrasah against which a person holding a Bachelor degree minimum in the pass course level can be appointed;

(xvii) “Post” means a whole-time sanctioned post of Madrasah of any of the following :-

A. Teaching category of-

a) Headmaster /Headmistress in High /Higher Secondary Madrasah or Superintendent in Senior Madrasah;

b) Headmaster /Headmistress of a Jr. High Madrasah;

c) Assistant Teacher against Honours /Postgraduate vacancy,

d) Assistant Teacher against Pass vacancy,

e) Assistant Teacher against Undergraduate vacancy,

B. Non – teaching category of –

a) Librarian

b) Group – C (Clerk)

c) Group – D (Peon/ Matron/ Lab. attendant/ Night Guard, etc.)

(xviii) “Region” means and includes a few districts taken together for the pourpose of selection as to be notified from time to time by the Government.

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

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

(xxi) “State Government” means the Government of West Bengal in the Minority Affairs and Madrasah Education Department.

(xxii) “Sub-rule” means sub-rule of a rule in which the word or expression occurs.

(xxiii) “Teacher” means and includes Headmaster, Headmistress, Superintendent, Assistant Teacher of different categories, viz. Hons./ Post-Graduate, Pass-Graduate, Under-Graduate, etc.

(xxiv) “Transfer” means change of place of work of an approved teacher or non-teaching staff from one Madrasah to another in the post of same category and or subject as prescribed later on.

(xxv) “Undergraduate Vacancy” means vacancy for the post of a teacher against which a person having at least passed the H. S. or Fazil or equivalent examination (as the case may be), can be appointed;

(xxvi) “University” means a university recognized by/ affiliated to University Grants Commission or constituted under the act of the Central/ State Government or an institution accepted by the Central/ State Government as equivalent to an Indian University.

(xxvii) “Vacancy” means a vacancy in the post of teacher including Headmaster/ Headmistress/ Superintendent or Non-Teaching Staff including Librarian caused by –

a) Creation of new post,

b) Superannuation, (of a teacher or non-teaching staff)

c) Voluntary Retirement,

d) Death, (of a teacher or non-teaching staff)

c) Acceptance of the resignation (tendered by a teacher or a non-teaching staff) by the appointing authority,

f) Removal or dismissal (of a teacher or a non-teaching staff) by competent authority and duly approved by the West Bengal Board of Madrasah Education,

g) Recognition of newly set-up Madrasah,

h) Up-gradation of a Jr. High Madrasah/ Sr. Madrasah/ High Madrasah’ into High Madrasah/ Sr. Madrasah with Fazil Course/ Higher Secondary Madrasah respectively or

i) any other reason, as the State Government may, by order determine.

(xxviii) “Waiting List” means in relation to-

a) Headmaster/Headmistress/Superintendent,- a list of candidates named in order of merit containing names of candidates equal to 0.25 times the number of vacancies occurred/declared or will occur within the stipulated period for a State/Regional Level Selection Test category, medium & gender wise.

b) Assistant Teachers-a list of candidate named in order of merit containing names of candidates equal to 0.10 times of the number of vacancies occurred/declared or will occur within the stipulated period for a State Level Selection Test category-wise, subject-wise, medium-wise, gender-wise and

c) Librarian-a list of candidates named in order of merit containing names of candidates equal to 0.10 times the number of vacancies occurred/declared or will occur within the stipulated period for a State/Region/Area Level Selection Test for the said category.

d) Group-C staff (clerk)-a list of candidates named in order of merit containing names of candidates equal to 0.10 times the number of vacancies occurred/declared or will occur for a State/Region/Area Level Selection Test for the said category.

e) Group-D staff-a list of candidates named in order of merit containing names of candidates equal to 0.10 times the number of vacancies occured/declared or will occur for a State/Region/Area Level Selection Test for the said category.

N.B.: Separate panels/lists may be prepared within the Group-D category post-wise e.g. Lab. Attendant/Matron etc., as may be determined by the Commission.

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

CHAPTER-II
Provision regarding post, qualification, age etc.

3. Names of post, qualification and age

(1) The name of the post and its qualification shall, subject to rules 4 & 5, be such as specified respectively in columns (2) and (3) of Schedule-I:

Provided that a person having the desirable qualification mentioned in column (2) against the posts mentioned in Sl. Nos. 4,5,6,7,8,10,11,12,13,15 of column (1) of Schedule I shall, if qualified in written examination, get preference over the candidate, who has qualified in written examination but has no desirable qualification.

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

Provided that the person who is already in approved service in the sanctioned post of Teacher or Non-teaching Staff of any Madrasah/School may apply for the post of Teacher and Non-teaching Staff within maximum age of 55 years as on 1st January of the year of advertisement.

4. Additional essential qualification of candidate

A candidate willing to be selected as a Teacher or Non-teaching Staff in any Madrasah, having Bengali or English or Hindi or Nepali or Oriya or Santhali or Telegu or Urdu as the medium of instruction, must 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 any of the Secondary or Higher Secondary or Graduation level – at Secondary level of the West Bengal Board of Secondary Education or West Bengal Board of Madrasah Education or equivalent or at Higher Secondary level of the West Bengal Council of Higher Secondary Education or equivalent or at Fazil level of the West Bengal Board of Madrasah Education or equivalent; or at any subsequent higher level of education in that language paper or must have passed a language (relevant to the medium) course of at least one year’s duration from a University or Institute.

5. Disqualification

(1) No person shall be eligible for selection for appointment to any post teaching or Non-teaching, in any Madrasah-

a) unless, she/he is a citizen of India.

b) if she/he has accepted or offered dowry in any form at the time of his/her marriage or his/her son’s/daughter’s marriage.

(2) No male candidate shall be eligible for selection for appointment to the post of teacher of a Girl’s Madrasah. However, a male candidate may be appointed to a post of Non-teaching staff of a Girl’s Madrasah provided that there is at least one lady staff in the Non-teaching Category.

CHAPTER-III
Scope, Method & Manner of selection

6. Scope

(1) The scope of selection is limited to vacancy(ies) against regular fulltime sanctioned post(s) already occured/to be occured on/after the date of advertisement within the 1st January next ensuing.

(2) Out of the vacancies (teaching and Non-teaching) up to 10% in each category of post barring those of HM/ Superintendent may be filled up from enlisted candidates in Death-in-harness and permanently Incapacitated category.

“Explanation: The Commission shall fill-up the rest of the vacancies out of 10% by others in order of merit if suitable eligible candidate(s) for appointment on compassionate ground, is/are not available for the particular category of post in a particular year.

7. Method of selection

The selection of persons to the different posts mentioned in column (2) of Schedule I shall be made through the Commission-

(a) by selection (direct recruitment) through the Commission in the manner as specified later on in those rules;

(b) on compassionate ground in the manner as specified in Chapter-X of these rules.

8. Manner of selection

(1) Selection to any post shall be made on the basis of results of the State/Region/Area Level Selection Test, as may be decided by the Commission, which may comprise any, some or all of the following (as the case may be)-

a) Written Examination,

b) Evaluation of Qualification,

c) Personality Test,

d) Aptitude Test,

of the candidates, as the case may be, in the manner as specified in Schedule III.

(2) The Commission may, in its discretion, fix the minimum qualifying marks to be scored/obtained by the candidates in written examination or in agregate or in both and relax the qualifying marks on reasonable ground(s) to be recorded in writing.

(3) In case of appointment on compassionate ground i.e. from Death-in-harness & permanently incapacitation category, the Commission may select from the enlisted candidates on the basis of personality test or evaluation of qualifications or on both even in relaxation of the written test as the Commission may deem fit.

CHAPTER-IV
Vacancies & Advertisement

9. Vacancy(ies)

(1) Report of vacancies-The District Inspectors of Schools (SE) or any other authorized officer as may be entrusted by the Commission in writing, shall prepare a report regarding the number of vacancies in approved/sanctioned posts which exist(s) or is/are expected to occur within the 1st day of January next ensuing, and shall furnish the same to the Commission at least 15 days before the date of publication of the advertisement.

(2) Compilation of vacancies- The Commission shall, on receipt of the report under Sub rule (1), compile and maintain computerized data on vacancies, district-wise & Subject/post, medium, category and gender-wise with the help of District Inspector of Schools (SE) or any other officer mentioned in sub-rule (1), if necessary, before the date of publication of the advertisement inviting applications.

(3) Updating of vacancies- The Commission shall finally update the number of vacancies occurred & to be occurred within the 1st January next ensuing of the year of advertisement post/subject, medium, category, and gender-wise as well as district-wise, if required, before the publication of the result of written test.

10. Advertisement

(1) The Commission shall, on the basis of available tentative vacancies for the stipulated period after receipt of the report of vacancies under Rule 9(1) & compilation of those under Rule 9(2), issue/publish and advertisement through daily newspapers in the State in English, Bengali, Urdu or in any other languages, if necessary, and also through the Website of the Commission.

(2) Such advertisement shall be issued/published specifying the vacancies, qualifications, 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 Commission and from the Office of the Commission.

(3) While specifying the vacancies in the advertisement, the Commission shall, in case of the post of

a) Headmaster/ Headmistress /Superintendent – Publish a provisional/ tentative vacancy list at the time of inviting application for State/ Region Level Selection Test and a final vacancy list at the time of publication of the result of written examination by declaring the actual vacancies that have occurred/ been reported.

b) Assistant Teacher – Publish a provisional (tentative) vacancy list (medium/ post/ subject/ category/ gender wise) at the time of inviting application for State/ Region Level Selection Test by declaring the tentative vacancies that have been reported and a final vacancy list at the time of publication of the result of the written examination declaring the actual vacancies that have occurred/ been reported or will occur within the stipulated period.

c) Librarian, Clerk & Group-D staff -Publish the tentative and revised (actual) numbers of vacancies of each category at the time of inviting applications for State/ Region Level Selection Test by declaring the tentative vacancies that have been reported and publication of the result of the written test and at the time of publication of the result or at the time of calling for personality test/ interview respectively;

Provided that the Commission may seek application for the posts of Clerk and Group-‘D’ District-wise and application of Librarians Region-wise.

CHAPTER-V
Application & Screening

11. Form of application fee thereof

(1) The Form of application for State/ Region/ Area Level Selection Test for appointment to any post shall be such as may be determined by the Commission from time to time.

(2) The Form of application may be published in the daily Newspapers of the Commission’s Website or both, or may be saleable, as may be determined by the Commission.

(3) The cost of the application ,Form or the application Fee (money) if applicable, shall be such as may be fixed by the State Government from time to time in consultation with the Commission.

12. Submission of applications

(1) The duly filled-in application Form in the prescribed format with fees, if any, shall be submitted within such time and in such manner at such place (s) as may be specified by the Commission in the advertisement.

(2) An Approved in-service teacher or Non-teaching staff of a School /Madrasah may apply only after completion of one year of approved ‘Service in case of a vacancy of higher scale and of two years of approved service in case of vacancy of the same seal

13. Processing, Screening of applications

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

(2) The Commission shall generate a computerized data-base of all the candidates (applicants), prepare a list of eligible candidates as well as list of rejected applications medium, post, category, subject-wise after due screening.

(3) In case of rejection of any application, the cause of rejection should be stated against the application in the data base to be displayed in the Commission’s Website so that any applicant may know the reason of rejection of his/ her application.

CHAPTER-VI
Arrangement, Holding & Conduct of Written Test

14. Issue of Admit Cards

The Commission shall, for written test, take necessary action for generation and issuance of admit cards mentioning date, time & venue of written test, by regd./speed post/courier service or by any other mode as deemed fit by the Commission giving at least 20 days gap between the date of issue of admit card and the date of written test to the eligible candidates

15. Arrangement of Written Test

(1) The Commission shall arrange for written test under its direct supervision and control.

(2) The Commission shall determine the scheme and syllabus of the written test, prepare question papers and distribute the same to the examination venues through the custodian appointed by the Commission.

(3) The Commission shall –

i) appoint paper-setters, moderators and observers;

ii) approve the lists of examiners and experts;

iii) fix the rates of remuneration for paper-setters, Moderators, experts, observers, Coordinators and all other persons concerned with the conduct of examinations .

(4) The Commission shall determine the number of paper(s) for written lest, contents of each paper, duration of examination and other matters relating to the State/ Region/ Area Level Selection Test as the case may be.

16. Holding & Conduct of Written Test

(1) The Commission shall hold written test of all the eligible candidates.

(2) The Commission shall decide the procedure and the manner of conducting the State/Region/Areas Level Selection Test, and prepare detailed instructions in this regard in accordance with the provisions of the Act and the rules made thereunder:

(3) The Commission shall –

i) Select the examination centres;

ii) appoint Officer-in-charge for examination centres, custodians of confidential papers, supervisors, venue-in-charge, invigilators, observers and

iii) make necessary arrangement for the conduct of examinations arid collection of answer-scrjpts/sheets.

Provided that the Commission may hold Screening Test before holding Written Test, in case the number of candidates/, applicants in any category of post is huge, particularly in case of selection of clerks and Group-D staff in the manner as the Commission may deem fit and proper.

CHAPTER-VII
Evaluation & Personality Test

17. Evaluation of Answer-Scripts/Sheets

The Commission shall get the answer scripts/sheets of the written examination evaluated by the examiners/computer based technique and prepare evaluation sheet medium, post, subject, category and gender wise on the basis of such evaluation.

18. Preparation of list of candidates for Personality Test

After the evaluation of the answer sheets of the written examination, the Commission shall prepare medium, post, subject,category and gender-wise list of the candidates; who shall qualify for personality test on the basis of the marks obtained by him/her in the written test and evaluation of academic and professional qualification (to be calculated on the basis of statement made in regard to academic qualification by a candidate at the time of submission of the application form) taken together and also teaching experience as per Schedules II & III, if applicable;

Provided that the number of qualified candidates for every category (of post) and/or subject (teacher and non-teaching staff) to be called for the personality test in order of merit, shall not exceed 1.5 times of the number of actual vacancy(ies);

Provided further that if more than one candidate scores same marks at the last rank/position of the list of qualified candidates, all such candidates at that position shall be called for the personality test.

19. Intimation letter

After preparation of the list of eligible qualified candidates, the Commission shall call the candidates for Personality Test through Registered Post or Speed Post or Courier Service or by any other mode as the Commission may deem fit, mentioning the date, time and venue of Personality Test at least 20 (twenty) days ahead of the Personality Test:

Provided that the candidate can also obtain such information from the office or through the Website of the Commission.

20. Holding and Conduct of Personality Test

The Commission shall hold and conduct the personality test of selected eligible candidates forming Personality Test Board(s).

21. Formation of Personality Test Board

For the purpose of holding Personality Test in the State/Regional/Area Level Selection Test, the Personality Test Board, to be constituted, shall comprise the following members:-

(1) For the Post of Headmaster/Headmistress/Superintendent:

a. One member of the West Bengal Madrasah Service Commission, Chairman;

b. An expert having administrative experience, either as Principal of any recognized College or as on Officer not below the rank of Dy. Registrar of a recognized University of West Bengal or Head of a Higher Secondary School/ Madrasah having experience of at least ten (10) years in that capacity, to be appointed by the Commission, Member;

c. A Nominee of the West Bengal Board of Madrasah Education not below the rank of Assistant Secretary, Member;

d. A Nominee of the Director of Madrasah Education, not below the rank of Assistant Director, Member.

(2) For the post of Assistant Teacher :-

a. One member of the West Bengal Madrasah Service Commission, Chairman;

b. An expert of concerned subject having a minimum of ten (10) years teaching experience in a recognized College/University/Higher Secondary School or Madrasah, to be appointed by the Commission, Member;

c. A Nominee of the West Bengal Board of Madrasah Education not below the rank of Assistant Secretary, Member;

d. A Nominee of the Director of Madrasah Education, not below the rank of Assistant Director, Member.

(3) For the Post of Librarian-

a. One member of the West Bengal Madrasah Service Commission, Chairman;

b. An expert of concerned subject having a minimum of ten (10) years teaching experience in a recognized College/University/Higher Secondary School/Madrasah, to be appointed by the Commission, Member;

c. A Nominee of the West Bengal Board of Madrasah Education not below the rank of Assistant Secretary, Member;

d. A Nominee of the Director of Madrasah Education, not below the rank of Assistant Director, Member.

(4) For the post of Clerk :-

a. One member of the West Bengal Madrasah Service Commission, Chairman;

b: An expert having administrative experience, either as Principal of any recognized College or as an Officer having, minimum ten (10) years experience in a recognized University of West Bengal or Head of a Higher Secondary School/Madrasah having experience of at least ten (10) years in that capacity, to be appointed by the Commission, Member;

c. A Nominee of the West Bengal Board of Madrasah Education not below the rank of Assistant Secretary, Member;

d. A Nominee of the Director of Madrasah Education, not below the rank of Assistant Director, Member;

e. A Nominee of the Commission not below the rank of Selection Grade Lecturer or equivalent with Proficiency in Computer and adequate knowledge in using Computer (including Typing), Member.

(5) For the post of Group ‘D’

a. One member of the West Bengal Madrasah Service Commission, Chairman;

b. An expert having administrative experience, either as Principal of any recognized College or as an Officer having minimum ten (10) years experience in a recognized University of West Bengal or Head of a Higher Secondary School/Madrasah having experience of at least ten (10) years in that capacity, to be appointed by the Commission, Member;

c. A Nominee of the West Bengal Board of Madrasah Education not below the rank of Assistant Secretary, Member;

d. A Nominee of the Director of Madrasah Education, not below the rank of Assistant Director, Member.

CHAPTER-VIII
Panel & Waiting list

22. Preparation of Panel(s) & Waiting List(s)

The Commission shall, on the basis of the marks obtained in the written test, evaluation of the academic as well as professional qualification and teaching experience, if applicable, and marks obtained in the personality test and or aptitude test, all added together, and on the basis of the guidelines issued by the commission, prepare strictly in order of merit, –

a) A panel of candidates found fit for recommendation, and each such panel shall include names equal to the number of vacancies referred to in sub-rule (3) of rule 9; and

b) A waiting list.

Note: Subject to proviso to sub-rule (1) of Rule 3 if more than one candidate obtain the same aggregate (total marks), the merit position of the candidates shall be determined according to the seniority in age i.e. candidates with earlier date of birth shall be preferred, and if the aggregate and also the date of birth be the same, the candidates, obtaining higher academic score be preferred; and if the aggregate, date of birth and also the academic score shall be the same, the candidates obtaining higher marks in written examination shall be preferred.

23. Publication of Panel

The Commission shall publish such panel(s) and waiting list(s) of candidates in the Commission’s Website and the Notice Board of the Commission as well as the Offices of the District Inspector of Schools (SE).

24. Validity of Panel

(1) Each such panel and waiting list, prepared by the Commission shall remain valid for one year from the date of acceptance of the panel or the waiting list.

(2) Notwithstanding anything contained in sub-rule (1), the Commission may, if it thinks expedient to extend the validity of the panel or waiting list beyond the period of one year for any reasonable cause, for the reasons to be recorded in writing, extend the period of validity of such panel or waiting list for a further period of six months, beyond which the panel or waiting list shall not be extended.

CHAPTER – IX
Counseling, Recommendation and Appointment

25. Counseling

(1) The Commission shall hold counseling of the empanelled candidates on the basis of their combined rank position in relation to the State/Region/Area level vacancy against which they have been empanelled with a view to recommending the name of the candidate from the panel for appointment against each vacancy.

(2) The Commission shall inform empanelled candidates their combined rank as well as their rank against which they have been empanelled, post/subject, category, gender & medium wise and call for counseling by registered or speed post/courier service or any other mode as the Commission may deem fit at least 15 (fifteen) days ahead of the counseling mentioning date time & venue. Candidates may also obtain such information from the Website/office of the Commission or the news paper. In case a qualified candidate does not receive the counseling letter, the candidate must appear for counseling on the date and time specified in the counseling schedule available on the Website/at office of the Commission or the news paper.

(3) The Commission shall publish/display the lists of vacancies with details in the Commission Website medium, post/ subject, category wise for Madrasahs at least seven days ahead of the date of counseling. Such relevant list shall be displayed at the counseling venue on the respective counseling date by the Commission during counseling.

(4) The candidates shall exercise option in the prescribed form in duplicate as per his choice for selection of only one Madrasah in his relevant empanelled category and medium for being recommended to a post against his category wise rank serial on the basis of availability of vacancies of same nature at the material point of time displayed at the Counseling venue on the basis of query regarding allotment of vacancies. The Commission shall preserve one copy of the option exercised by the candidate and the other duly signed by the Chairman of the Personality Test Board, shall be returned to the candidate.

(5) If a candidate misses his turn while his name is called for counseling during the counseling session, she/he may not get the opportunity of availing of the number of Madrasahs which would have been available to him normally in the category and medium against which he has been empanelled.

(6) The candidate shall have to sign a declaration of-

(a) selection and acceptance of the Madrasah as per his choice from the Madrasahs available at the time of his turn during the counseling session, or

(b) refusal to exercise his option in respect of selection and acceptance of any Madrasah available at the time of his turn during the counselling session, a copy of which will be handed over to the candidate duly countersigned by any member of the Personality Test Board.

(7) If a candidate refuses to exercise option for a post or to sign declaration under Sub-rule (6), his/her candidature shall be treated as cancelled.

(8) The qualified absentee candidate shall have to exercise option for selection of Madrasah to a post she/he applied for on the date of counselling for such absentee candidates; from among the residual non-allotted vacancies in his respective empanelled category and medium on the date and time and venue for such a counselling to be intimated through registered or speed post and Commission’s Website and/or Newspaper or the Notice Board of the Commission. If such a candidate again remains absent on the intimated specified date, time and venue, as aforesaid, his candidature shall be treated as cancelled.

(9) The candidates in the waiting list, if necessary, may be called for counseling in case of refusal under Sub-rule (7) of this rule and in case of absentee under sub-rule (8) of Rule 25 and in case of non-joining of the recommended candidate within the stipulated or extended period.

(10) The recommended candidate may be called for re-counseling, if necessary, in case of non-existence of vacancy reported or any dispute ral&ting to the vacancy/post against which the candidate was recommended.

26. Recommendation

(1) The Commission shall recommend the name of only one candidate against each vacancy as per his/her option/choice exercised/given under sub-rule (4) of rule 25 and a copy of the letter recommending the name shall be sent through Registered Post/Speed Post With acknowledgement due or Courier Service or by any other mode as the Commission may deem fit, to the candidate as well as to the concerned authority of the Madrasah, where the particular vacancy exists.

(2) In case of any dispute, difficulty, confusion or any problem regarding the vacancy against which the recommendation has been made, the matter shall immediately be brought to the notice1 of the commission so that it may take further step to recommend his/her name for any other appropriate vacancy.

(3) The recommendation letter shall remain valid for a period of 90 (ninety) days from the date of its dispatch.

Provided that the Commission may, if it thinks expedient to extend the validity of .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 for a further period not exceeding 60 (sixty) days.

(4) After recommendation, if it is detected that the candidate has misrepresented facts relating to his/her selection, his/her recommendation shall be cancelled.

27. Bar on recommendation

Notwithstanding anything contained in these rules, the Commission shall not recommend the name of a person under Rule 26,-

(a) who, at the time of submission of application or after submission of application, is recommended to a post in a

Madrasah on the basis of counseling conducted by the Commission and continues his/her service as such, but has not completed continuous one year’s approved service in the said post of lower scale or two years’ approved service in the said post of same scale;

(b) who, while in service, having obtained required qualification for being considered for the post applied for, fails to submit before the Commission the requisite document of his approved study leave, or any kind of leave for the purpose of higher studies, or permission from the appropriate authority for prosecuting the studies/appearing at the examination of higher degree relevant to the post for which she/he has been selected

28. Issue of appointment letter

The concerned Mardrasah authority-Mannaging Committee/Ad-hoc Committee/ Administrator/authorized person shall, on the basis of such recommendation of the commission, issue appointment letter to the candidate by registered post with AD/speed post within the stipulated period.

Note:-1 In absence of Managing Committee/Ad-hoc Committee/ Administrator, the Head of the Madrasah-the Headmaster/Headmistress/ Superintendent/Teacher-in-Charge, as the case may be, shall, issue appointment letter. The same shall be ratified/vetted by resolution to be adopted in the first meeting/sitting by the Managing Committee/Ad-hoc Committee/ Administrator.

Note:-2 In case of non-issuance of appointment letter, the same shall be intimated to the Commission immediately with explanation/reason. The Commission shall refer/send the explanation to the Director of Madrasah Education, W.B., for opinion. The Commission shall act on the basis of such opinion of the Director.

29. Failure to appoint-Effect

If the Madrasah authority-Managing Committee/Ad-hoc Committee or the Administrator or the Head of the Madrasah, as the case may be, does not issue appointment letter to the recommended candidate without reasonable ground or does not intimate the Commission about the same with explanation, the commission shall recommend to the State Government for necessary steps in accordance with the Section 12 of the Act and the commission shall not recommend any other name to any post in that Madrasah till the clearance from the State Government.

30. Joining

On receipt of the appointment letter from the Madrasah authority, the candidate shall join the post within the stipulated period as mentioned in the appointment letter or the maximum period provided in these rules if allowed by the Madrasah authority on his/her prayer.

31. Effect of non – joining: If-

a) a recommended candidate

i) refuses to accept appointment or appointment letter is returned, or

ii) does not join the post within the stipulated period after getting the appointment letter, or

b) the Commission gets any information from Madrasah, or from the District Inspector of Schools (SE), or otherwise, that a candidate recommended for appointment has not accepted the offer of appointment within the stipulated period,

The Commission may cancel or withdraw the recommendation, strike off the name of such candidate from the panel and recommend the name of a candidate from the waiting list strictly in order of merit within the validity period of the panel and waiting list.

CHAPTER – X
Provision for Recruitment/appointment on compassionate ground
(Section 24)
Please see West Bengal Madrasah Service Commission (Amendment) Act, 2010.

32. (1) Quota

Maximum (upto) 10% of the vacancies of each category barring those of HM/Superintendent may be filled up by eligible candidates on compassionate ground.

(2) Criteria: When a staff -teaching or non – teaching,-

a) dies-in – harness before tfie date or superannuation, i.e. the age of 60 years leaving his/her family in such extreme financial hardship that it fails to provide two square meals and other essentials (bare necessities) to the surviving members of the deceased’s family, or

b) becomes permanently incapacitated by accident or on medical ground in the opinion of the Medical Board before attaining 58 years of age and is allowed by the Director of Madrasah Education, West Bengal, to retire on and from the date prayed for and by virtue of his/her early retirement, ifthe family is in such extreme financial hardship that it fails to provide two square meals and other essentials (bare necessities) to the family members of the retired staff, a family member (spouse, son or daughter) may be appointed on compassionate ground to a post suitable to his/her qualification subject to the condition laid down hereinafter in sub-rule (3) of this Rule and following the procedures stated later on.

(3) Conditions: The dependant family member, other than the spouse of the deceased/ Permanently incapacitated teacher or non-teaching staff under Rule 32(2) (a) or (b) seeking appointment on compassionate ground,-

a) shall be bound to look after and maintain the dependant member(s) of the deceased/permanently incapacitated staff, particularly the incapacitated staff and his/her spouse, if appointed.

b) He/she shall have to swear an affidavit in the prescribed format before the First Class Judicial Magistrate in this regard, the authenticated copy of which shall have to be submitted along with the application for appointment on compassionate ground.

Provided that in case of spouse, the aforesaid condition of swearing an affidavit is not required If he/she does not re-marry. In case of re-marriage after appointment on compassionate ground, the aforesaid condition shall apply Before draw of salary after re-marriage, he/she shall have to swear the affidavit in the prescribed format.

c) The failure to perform the duty to the dependent member (s) shall entail termination of the appotniment/serviee.

Note: i) The dependent spouse/members) may inform the District Inspector (SE)/the authorized person about the non-performance of the duty, if so, by the person appointed on compassionate ground, who may stop the salary for the time being and hear both the parties and settle the matter by proper direction and release salary.

ii) If the spouse/dependent member (s) again report (s) negligence/dereliction of duty by the appointed person, the District Inspector of Schools (SE)/the authorized person may direct the Madrasah Authority to give certain amount of the salary to the spouse/dependent member (s).

iii) If the appointed candidate is not agreed with that, the District Inspector of Schools (SE)/the authorized person shall refer the matter to the Director of Madrasah Education, West Bengal with the proposal for termination of service. The Director of Madrasah Education, West Bengal, shall take necessary action in this regard.

(4) Limitation: Only one eligible member of the family may be appointed under the provision of the sub-rule (2) of this Rule. In case of appointment of a dependent member of the deceased/permanently incapacitated teacher or nonteaching staff or her than the spouse, the decision of the incapacitated teacher/staff or the spouse of the deceased shall be final. In case of absence of the both, the decision of the majority of the dependent members, to be recorded by Affidavit before the First Class Executive/Judicial Magistrate, shall be final.

(5) Application: The spouse or a ward of an approved staff subject to any criterion and condition laid down m sub-rule (2) and (3) respectively of this Rule having requisite qualification for any post, not below 18 years of age and fort above 45 years of age, may apply in writing in the prescribed format within two years of the death as per sub-rule 32 (2) (a) or approval of pre-mature retirement of the approved staff as per sub-re!® 32 (2) (b) to the District Inspector of Schools (SE) concerned or any authorized person for appointment on compassionate ground: Provided that in case of ineligibility of the spouse and under-age of she dependent wards, the application may be wade beyond two years but within four years from the date of death/incapacity as the case may be ora attainment of the minimum age and/or academic eligibility.

(6) Enlistment: The District Inspector of Schools (SE)/any authorized officer concerned shall process the applications enter the names of all eligible applicants praying for appointments on compassionate ground in separate registers. In case of rejection of any prayer, the same shall be intimated to the applicant with reason.

(7) Forwarding: The District Inspector of Schools (SE) shall forward/send ail such names of the enlisted candidates with recommendations mentioning particulars like educational qualifications, address, date of birth, choice of posting (area) along with authenticated copies of certificates of qualifications, birth, etc, do the Commission with an intimation to the applicants.

(8) Panel (s): The Commission shall maintain such is formation in separate registers or databases mentioning the date of receipt of such applications from the concerned District Inspector of Schools (SE) or authorised officer. Thereafter, the Commission shall prepare the panel (s) and dispose them in accordance with the provsions of Rules 8 (3) & 26.

(9) Scope of recommendation: Recommendation (Under Rule 26/emp5oyment on compassionate ground is not confined to the Madrasah where the deceased/incapacitated teacher or Non-teaching staff ted worked/had been working. It shall be made/given anywhere within the surrounding area of the residence of applicants or district or region or State, as the case may be, depending upon the availability of suitable vacancy (ies), if not available sn the said Madrasah/Madrasah nearer to his/her residence which is convenient to him/her, as per his/her choice unde Rule 25 of this Rule. The convenience and choice of a female candidate shall be given preference over a male candidate.

(10) Issue of Appointment Letter: The provision of Rule 28 shall apply mutatis mutandis in case of appointment on compassionate ground.

Explanation: The expression “Financial hardship” in relation to income of a deceased/permanently incapacitated Teacher or nonteaching staff consisting of up to five members in his family, shall mean an amount of income less man the initial gross salary of Group !D’ staff of the State Government at the material point of time. For computation of income of such family, an income of an amount earned by each family member from any other sources than Provident Fund, Gratuity and 40% of Family Pension of the first seven years or upon the attainment of sixty seven years of age of the deceased teacher had he been alive, whichever is earlier, at the material point of time, shall be taken into account:

Provided that if the family of the deceased/permanently incapacitated teacher or non-teaching staff exceeds five members, the income so computed under this explanation shall be reduced by 20% for each member exceeding five and the amount so arrived at, shall be taken into consideration in computing the income for the purpose of comparing it with the gross salary income of Group ‘D’ staff at the initial stage at the material point of time.

N.B. The calculation should be made as per fixation under the ROPA Rules prevailing at that material point of time.

CHAPTER-XI
Provision regarding transfer and mutual transfer
(Section 8)
Please see the West Bengal Madrasah Service Commission (Amendment) Act, 2010

33. Transfer

An approved teacher or non-teaching staff of recognized non-Government aided Madrasah may be transferred from one Madrasah to another.

(1) Conditions :

a) The applicant (teacher or non-teaching staff) must be full-time approved staff.

b) He/she must have been confirmed in his/her service.

c) An approved teacher or non-teaching staff shall be eligible to apply for transfer only after the confirmation of his/her service.

d) The vacancy against which the applicant to be recommended for appointment on transfer, must conform to the category and or subject of the applicant’s appointment in the present Madrasah.

e) The applicant (teacher or non-teaching staff) shall, after transfer, draw the pay he/she drew in his/her previous Madrasah.

f) No TA/DA or transfer grant for such transfer is admissible/shall be claimed.

g) No staff shall get the benefit of more than one transfer in the same category of post.

(2) Procedure:

a) The teacher/non-teaching staff seeking transfer shall have to apply in the prescribed format (with an advance copy direct) to the district Inspector of Schools (SE) in case of transfer within the District or to the Director of Madrasah Education, W. B. in case of transfer from one district to another, through proper channel with necessary document(s).

b) The Madrasah Authority/the Head of the Madrasah in case of absence of Madrasah Authority, shall forward the application alongwith relevant papers to the District Inspector of Schools (SE)/authorized officer within 15 days from the date of submission of the application.

c) The district Inspector of Schools (SE)/authorized officer concerned shall forward the same comment/views to the Commission direct in case of transfer within the district or to the Director of Madrasah Education, W. B., in case of transfer from one district to another, within 15 days from the date of receipt of such application.

d) Director of Madrasah Education, after scrutiny, shall forward the case (inter-district transfer) with comment to the Commission. The Director of Madrasah Education may do the same on the basis of advance copy of application if the same is not received by the Director of Madrasah Education within 35 days after submission of the application.

e) The Commission shall recommend the name of the candidate to the vacancy applied for, if suitable or to a suitable available vacancy in order of preference of the candidate after counselling.

f) The Commission shall recommend a suitable candidate to fill up the vacancy so occurred due to such transfer, from the panel as and when prepared, the total number of vacancy remaining the same.

Note: The applicant may not exercise choice if none of the available vacancies is convenient to him/ her and wait for future vacancy.

g) The concerned Madrasah Authority/the Head of the Madrasah in absence of Madrasah Authority shall, on the basis of such recommendation of the Commission, issue appointment letter to the candidate by registered po&f with AD/Speed Post within the stipulated period as per Rule 28,

h) The Madrasah Authority the Head of the applicant’s Madrasah in absence of Madrasah Authority, shall release him/her with Release Order. Last Pay Certificate, etc. as per application for release with a copy of appointment letter, to join the new Madrasah.

i) In case of failure on the part of the Madrasah Authority or the Head of the Madrasah to release, the applicant shall apply tc the concerned District Inspector of Schools (SE)/authorized officer who shall take necessary steps for immediate release along with necessary certificate (s)/paper (s) or he/she will release the applicant.

Note:

a) If there are more than one candidate (applicant) for a particular vacancy, the senior most candidate in service shall get preference.

b) If two or more applicants having same length of service, the female candidate, if any, shall get preference. Among the female candidates, the unmarried one shall get priority over the married one.

c) If the service length of more than one candidate of the same sex (subject to Note: b) be the same, the person having seniority in age shall get preference.

d) If the service length and age of more than one candidate be the same, the person having better/higher academic qualification shall get preference.

34. Mutual transfer

Mutual transfer of two teachers or non-teaching staff of two different Madrasahs holding the posts of the same category and/or subject in the same scale of pay (except Hons./PG category), may be allowed.

(1) Conditions: If two teachers or non-teaching staff of the same category of post and/or subject,of two different Madrasahs are agreed to mutual transfer among themselves, they may apply subject to the following conditions-

a) The applicants (teachers/non-teaching staff) must be full time approved staff.

b) Both the applicants (approved staff) must have been confirmed in their present services.

c) The approved teachers or non-teaching staff shall be eligible to apply for mutual transfer only after the confirmation of their services.

d) They must belong to the same category of post and/or same subject in the same scale of Pay (except Hons./PG category).

Note: In case of Hons./PG category, mutual transfer between Hons, and PG candidates may be allowed though the scales of pay (Hons. & PG) are different.

e) The applicant teachers or non-teaching staff shall, after mutual transfer, draw the pay he/she drew in his/her previous Madrasah.

f) No TA/DA or any grant for such transfer is admissible/shall be claimed.

g) No male teacher is allowed mutual transfer to a Girls’ Madrasah. However, male non-teaching staff may be allowed mutual transfer to a Girls’ Madrasah provided that there least one female non-teaching staff.

(2) Procedure:

a) The willing teachers/non-teaching staff of two different Madrasahs agreed to mutual transfer shall have to submit joint application (s) in the prescribed format along with necessary papers to the District Inspector of Schools (SE) in case of mutual transfer within the district or the Director of Madrasah Education in case of mutual transfer from one district to another through proper channel with an advance copy.

b) The Madrasah Authority or the Head of the Madrasah in case of absence of Madrasah Authority, shall forward the application along with relevant papers to the District Inspector of Schools (SE)/authorized officer within 15 days from the date of submission of the application.

c) The District Inspector of Schools (SE)/authorized officer concerned shall forward the same to the Commission in case of mutual transfer within the district and to the Director of Madrasah Education, W.B. in case of mutual transfer from one district to another within 15 days from the date of receipt of such application.

Note: The District Inspector of Schools (SE) concerned may send the case on the basis of advance copy of applications if the same is not received by the District Inspector of Schools (SE)/authorized officer within 20 days from the date of submission of the applications.

d) The District Inspector of Schools (SE)/Dircetor of Madrasah Education, W.B. as the case may be, after scrutiny, shall forward the prayer for mutual transfer to the Commission.

Note: The Director of Madrasah Education may do the same on the basis of advance copy of application(s) if the same is not received by the Director of Madrasah Education within 35 days after submission of the application.

e) The Commission shall recommend and communicate the same to the concerned Madrasahs recommending appointment of incoming teacher/non-teaching staff and release of outgoing teacher/non-teaching staff.

f) The Madrasah Authorities/the Heads of both the Madrasahs in absence of Madrasah Authority, shall release the existing staff and allow the staff of other Madrasah to join the Madrasah as per recommendation of the Commission.

Note: Both the candidates and the Madrasahs shall consult beforehand about the reciprocal release and joining (appointment) of the candidates on mutual transfer.

CHAPTER-XII
Miscellaneous

35. Carry forward of vacancy

The vacancies which are not filled up for unsuitability of candidates or for any other reasons, as the Commission may by order mention, shall be carried forward and included with the vacancies of the next year :

Provided that if the Commission considers so to do, it may re-advertise those vacancies to be filled up in accordance with the provisions of these rules.

36. Interpretation

(1) If any question/doubt/confusion arises regarding taking any decision of the Commission, a reference shall 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.

37. Savings

(1) Nothing in these rules shall affect relaxation of age limit and other concessions as are required to be provided for candidates for recruitment op compassionate ground in accordance with the orders issued by the State Government from time to time.

(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 orders issued before coming into force of these rules.

Download: West Bengal Madrasah Service Commission Recruitment Rules