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State of Uttarakhand - Section

Section 36 in Uttaranchal School Education Act, 2006

36. Procedure for selection of, teachers and heads of institutions.

- Subject to the provisions of this Act, the Head of Institution and teachers of an institution be appointed by the Committee of Management in the manner hereinafter provided.
(2)Every post of Head of Institution or teacher of an institution shall except to the extent prescribed for being filled by promotion, be filled by direct recruitment after intimation of the vacancy to the District Education Officer and obtaining approval of the District Education Officer and obtaining approval of the District Eduction Officer for advertising and advertisement of the vacancy containing such particulars as may be prescribed, in at least two daily newspapers having wide circulation in the State.
(3)No person shall be appointed as Head of Institution-or teacher in an-institution unless he possesses qualification prescribed by the Regulation.
(4)Every application for appointment as Head of Institution or teacher of an institution in pursuance of an advertisement published under sub-section (2) shall be made to the District Education Officer and shall be accompanied by such fee which shall be paid in such mariner as may be prescribed.
(5)
(i)After the receipt of application under sub-section (4), the District Education Officer shall cause to be awarded, in respect of each such application, quality- point marks in accordance with the procedure and principles prescribed, and shall, forward the applications to the Committee of the Management.
(ii)The applications shall be dealt with, candidates shall be' called for interview, and the meeting of the Selection Committee shall be held, in accordance with the I Regulations.
(6)The selection Committee shall prepare a list containing in order of preference the names as far as possible of three candidates for a post found by it to be suitable for appointment and shall communicate its recommendation together with such list to the CoMmittee of Management.
(7)Subject to the provisions of sub-section (8) the Committee of the Management shall, on receipt of the recommendations of the Selection Committee under sub-section (6), first offer appointment to the candidate given the first preference by the Selection Committee, and on his failure to join the post, the candidate next to him in the list prepared by the Selection Committee under this section, and on the failure of such candidate also, to the last candidate specified in such list.
(8)The Committee of Management shall, where it does not agree with the recommendations of the Selection Committee, refer the matter together with the reasons of such disagreement to the Regional Additional Director of Education in the case of appointment to the post of Head of Institution and to the DiStrict Education Officer in the case of appointment to the post of teacher of an institution, and his decision shall be final.
(9)Where no candidate approved by the Selection Committee for appointment is available, a fresh selection shall be held in the manner laid down in the section.
(10)Where the State Government, in case of the appointment of Head of Institution, and the Director in the case of appointment of teacher of an institution, is satisfied that any person has been appointed as Head of Institution or teacher, as the case may be in contravention of the provisions of this Act, the State Government or, as the case may be, the Director shall, after affording an opportunity of being heard to such person, cancel such appointment and pass such consequential order as may be necessary.
(11)No male candidate shall be eligible for appointment to the post of Head of Institution or teacher in a girls institution, but the provision of this subsection shall not apply in the context of the fallowing-
(a)appointment by promotion on a higher post other than the post of Head of Institution in that institution in case of a candidate already working in a-girls institution as a permanent teacher, or
(b)appointment of a blind teacher as a teacher of music.
(12)The selection process for the appointment of clerical (ministerial) or group-D emploYee shall be as prescribed.