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State of Uttarakhand - Section

Section 38 in Uttaranchal School Education Act, 2006

38. Savings as to minority institutions.

(1)Notwithstanding anything in subsection (4) of Section 36 and in Section 37, the Selection Committee for the appointment of aHead- of Institution or a teacher of an institution established and administered by a minority referred to in Clause (1) of Article 30 of the Constitution shall consist of five members (including its Chairman) nominated by the Committee of Management :Provided that one of the members of the Selection Committee shall-
(a)in the case of appointment of the Head of an institution, be an expert selected by the Committee of Management from a panel of experts prepared by the Director;
(b)in the case of appointment .of a teacher, be the Head of the Institution concerned.
(2)The procedure to be followed by the Selection Committee referred to in subsection (1) shall be such as may be prescribed.
(3)No person selected under this selection shall be appointed, unless-
(a)in the case of the Head of Institution the proposal of appointment has been approved by the Regional Additional Director of Education; and
(b)in the case of a teacher such proposal has been approved by the District Education Officer.
(4)The Regional Additional Director of Education or the District Education Officer, as the case may be, shall not withhold approval for the selection made under this section where the person selected possesses the minimum qualification prescribed and is otherwise eligible.
(5)Where the Regional Additional Director of Education or the District Education Officer, .as the case may be, does not approve of a candidate selected under this section the Committee of Management may, within three weeks from the date of receipt of such disapproval, make a representation to the Director in the case of the Head of Institution, and to the Regional Additional Director of Education in the case of teachers.
(6)Every order passed by the Director-or the Regional Additional Director of Education on a representation under sub-section (5) shall be final: