Section 11 in The U.P. Higher Education Services Commission Act, 1980
11. Powers and duties. -
The Commission shall have the following powers and duties, namely -(a)to prepare guidelines on matters relating to the method of recruitment of teachers in colleges;(b)to conduct examinations where considered necessary, hold interviews and make selection of candidates for being appointed as such teachers;(c)to select and invite experts and to appoint examiners for the purposes specified in clause (b);(d)to make recommendations to the management regarding the appointment of selected candidates;(e)to obtain periodical returns or other informations from colleges regarding strength of the teaching staffs and the appointment, dismissal, removal, termination or reduction in rank of teachers therein;(f)to fix the emoluments and travelling and other allowances of the experts and examiners;(g)to administer the funds placed at the disposal of the Commission;(h)to perform such other duties and exercise such other powers as may be prescribed or as may be incidental or conducive to the discharge of the above functions.[12. Procedure for appointment of teachers. - (1) Every appointment as a teacher of any college shall be made by the management in accordance with the provisions of this Act and every appointment made in contravention thereof shall be void.] [Substituted by U.P. Act No. 2 of 1992 (w.e.f. 22.11.1991).][Provided that a permanent teacher of an affiliated or associated college, who has been appointed in accordance with the provisions of this Act and has completed ten years' service as such and who wishes to be transferred to any other college, may be transferred in the manner prescribed by rules from one college to another, only when the respective management of the colleges concerned give their consents in writing.(1a)Notwithstanding any decree or order of a Court, a teacher who has been appointed as such by transfer from one college to another in pursuance of the Government Orders No. 429 Shiksha Mantri/Sattar-6-98-15-95, dated 17.8.1998 or No. 393/Sattar-l-99-15(6)-99, dated 28.10.1999 shall be deemed to have been validly appointed as if the provisions the principal Act as amended by the Uttar Pradesh Higher Education Services Commission (Second Amendment) Act, 2004 were in force at all material times.] [Substituted by U.P. Act No. 30 of 2004 (w.e.f. 11.10.2004).](2)The management shall intimate the existing vacancies and the vacancies, likely to be caused during the course of the ensuing academic year, to the Director at such time and in such manner, as may be prescribed.Explanation. - The expression "academic year" means the period of 12 months commencing on July 1.(3)The Director shall notify to the Commission at such time and in such manner as may be prescribed a subject wise consolidated list of vacancies intimated to him from all colleges.(4)The manner of selection of persons for appointment to the posts of teachers of a college shall be such, as may be determined by regulations :Provided that the Commission shall with a view to inviting talented persons give wide publicity in the State to the vacancies notified to it under sub-section (3):Provided further that the candidates shall be required to indicate their order of preference for the various colleges, vacancies wherein have been advertised.[13. Recommendation of Commission. - (1) The Commission shall, as soon as possible, after the notification of vacancies to it under sub-section (3) of Section 12, hold interview (with or without written examination) of the candidates and send to the Director a list recommending such number of names of candidates found most suitable in each subject as may be, so far as practicable, twenty five per cent more the number of vacancies in that subject. Such names shall be arranged in order of merit shown in the interview, or in the examination and interview if an examination is held.(2)The list sent by the Commission shall be valid till the receipt of a new list from the Commission.(3)The Director shall having due regard in the prescribed manner, to the order of preference if any indicated by the candidates under the second proviso to sub-section (4) of Section 12, intimate to the management the name of a candidate from the list referred to in sub-section (1) for being appointed in the vacancy intimated under sub-section (2) of Section 12.(4)Where a vacancy occurs due to death, resignation or otherwise during the period of validity of the list referred to in sub-section (2) and such vacancy has not been notified to the Commission under sub-section (3) of Section 12, the Director may intimate to the management the name of a candidate from such list for appointment in such vacancy.(5)Notwithstanding anything in the preceding provisions, whereto abolition of any post of teacher in any college, services of the person substantively appointed to such post is terminated the State Government may make suitable order for his appointment in a suitable vacancy, whether notified under sub-section (3) of Section 12 or not in any other college,and thereupon the Director shall intimate to the management accordingly.(6)The Director shall send a copy of the intimation made under subsection (3) or sub-section (4) or sub-section (5) to the candidate concerned.] [Substituted by U.P. Act No. 2 of 1992 (w.e.f. 22.11.1991).][14. Duty of Management. - (1) The management shall within a period of one month from the date of receipt of intimation under sub-section (3) or sub-section (4) or sub-section (5) of Section 13, issue appointment letter to the person whose name has been intimated.(2)Where the person referred to in sub-section (1) fails to join the post within the time allowed in the appointment letter or within such extended time as the management may allow in this behalf,or where such person is otherwise not available for appointment, the Director, shall on the request of the management intimate fresh name from the list sent by the Commission under sub-section (1) of Section 13 in the manner prescribed.] [Substituted by U.P. Act No. 2 of 1992 (w.e.f. 22.11.1991).]
