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State of Uttarakhand - Section

Section 40 in Uttaranchal School Education Act, 2006

40. Regularization of appointment of ad hoc teachers.

(1)Any such teacher shall be appointed in a substantive capacity, who
(a)
(i)was appointed by promotion or by direct recruitment in lecturers grade or trained graduate on or after August 7, 1993 but not after March 24, 1999 against sh0rt term vacancy in accordance with paragraph 2 of the Uttar Pradesh Secondary Education Services Board (Removal of difficulties) (Second) Order 1981, as amended from time to time, and as applicable in the Uttaranchal such vacancy was subsequently converted into a substantive vacancy.
(ii)was promoted on ad hoc basis in the post of a Head Master/ Principal on or 'after August 6, 1993 but not after January 26, 2005 in accordance with the provisions of section 18 of the Uttar Pradesh. Secondary Education Services Selections, Boards Act, 1982 (as applicable in the Uttaranchal).
(iii)[ was appointed on ad hoc basis in lecture grade or trained graduate grade on or after 26 January, 2005, but not after 30 June 2010 against substantive vacancy in accordance with the provisions of section 40 of the Uttarakhand School Education Act 2006 and hold prescribed qualification and eligibility against the Post.] [Substituted by Notification No. 341/36(3)/2015/64(1)/2015, dated 17.11.2015.]
(b)posses the qualifications prescribed under, or is exempted from such qualifications in accordance with the provisions of the Uttar Pradesh Intermediate is Education Act, 1921 (as applicable in the Uttaranchal).
(c)has been continuously serving the institution from the date of such of appointment up to the date of the commencement of this Act,
(d)has been found suitable for appointment in a substantive capacity by a selection committee constituted for regularization.
(2)
(a)f The names of the teachers shall be recommended for substantive appointment in order of seniority as determined from the date of their appointment.
(b)if two or more teachers are appointed on the same date, the teacher who is elder in age shall be recommended first.
(3)Every teacher deemed to have been appointed in a substantive capacity under sub-section (1) and (2) -shall be deemed to be on probation from the date of such appointment.
(4)A teacher who is not found suitable under sub-section (1) and (2), and a teacher who is not eligible to get a substantive appointment under that subsection shall cease to hold appointment on such date as the State Government may by order specify.
(5)Nothing in this section shall be construed to entitle any teacher to substantive appointment on any post if on the date of commencement of this section, such post has already been filled or selection for such post has already been made in accordance with this Act or the regulations made there under.
(6)A person will not be eligible for appointment in an Institution, if such teacher Was related to any member of the Committee of Management or the Principal or Headmaster of the institution concerned.Explanation. - For the purpose of this sub-section, a person shall be deemed to be related to another if-
(i)they are members of a Hindu undivided family; or
(ii)they are husband and wife; or
(iii)the one is related to the other in the manner indicated in the Second Schedule.
(7)Selection committee for Regularization.- A selection shall be appointed for each region comprising of the following members-
(i) Regional Additional Director of Education - Chairperson
(ii) Senior Regional Joint Director of Education - Member
(iii) District Education Officer of the concernedDistrict - Member
Provided that if there be no member of Scheduled Castes/Scheduled d Tribes/Other Backward Classes in the selection committee so constituted, a person from above mentioned categories, possessing appropriate qualifications shall be nominated by the Regional Additional Director of Education or the District Education Officer.