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State of Goa - Section

Section 86 in The Goa, Daman and Diu School Education Rules, 1986

86. Filling of vacancies.

(1)Notwithstanding anything contained in rule 78, every vacancy in an aided school shall be filled up by promotion failing which by direct recruitment, in accordance with such rules as may be framed by the Director of Education in this behalf and notified/circulated separately:["Provided that the claim of any employee already working under the said Management in the Under graduate category possessing the requisite qualifications for the direct recruit shall be given due consideration while filling up the post with direct recruitment."] [This proviso inserted by (Amendment) Rules, 1994. (Official Gazette Series I No. 28 dated 14-10-1994).]
(2)The vacancy of Principal, Higher Secondary School/Primary Training Institutes, Headmasters of Secondary Schools and Middle Schools, and the Asstt. Headmasters of Secondary Schools shall be filled up by promotion subject to the eligibility conditions prescribed in rule 78. While filling up of these posts, the managements shall first explore the possibility of selecting the senior most teacher from the next below category indicated in column 5 of Table under rule 78. While making such selection the management shall also give very careful consideration and shall select the best qualified and most competent person among those available for selection/appointment to the post. Seniority shall be the first criteria subject to fitness and merit. If the claim of a senior eligible teacher is by-passed, the reason for the same in writing will have to be recorded in the minutes by the promotion committee. The claim of the senior qualified teacher shall not be by-passed arbitrarily without tangible reasons.Explanation. - Common managements running the secondary schools as well as Higher Secondary schools, shall consider the claims of the Headmasters of Secondary schools in the order of inter se seniority for the promotion to the post of Principal of Higher Secondary Schools subject to eligibility conditions prescribed in rule 78.
(3)The management shall make appointment of Heads only on probation for a year in the first instance and communicate full particulars with their bio-data to the Director of Education for his approval. No Head of the school shall be confirmed without the prior approval of the Director of Education.
(4)Every vacancy which is to be filled up by direct recruitment shall be notified to the Employment Exchange or in the local newspapers as the case may be as per the rules applicable to Government Offices while recruiting the corresponding posts in Government schools. However the harness cases shall be regulated as per the rules applicable to Government offices and the Director of Education shall be the controlling authority.["86A. Transfer of services of employees. [Rules 86A, 86B and 86C, inserted by (Amendment) Rules, 1994. (Official Gazette Series I No. 19 dated 11-8-1994).]- If the service of an employee of a school are transferable to another school under the same management and if he is so transferred by the management, the employee shall be given the order of such transfer for his record, and
(a)the employee so transferred shall be entitled to such joining time and transfer allowances as are admissible to the corresponding employee in the Government schools:
Provided that no joining time or transfer allowance shall be admissible to the employee where the transfer is made at the request of the employee or the transfer is made to re-deploy surplus staff.
(b)any expenditure incurred by the school on transfer allowances, joining time, pay, etc. shall not be admissible for grants.