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State of Uttar Pradesh - Act

The U.P. Technical Education (Non-Technical-Non-Gazetted) Service Rules, 1992

UTTAR PRADESH
India

The U.P. Technical Education (Non-Technical-Non-Gazetted) Service Rules, 1992

Rule THE-U-P-TECHNICAL-EDUCATION-NON-TECHNICAL-NON-GAZETTED-SERVICE-RULES-1992 of 1992

Published on 1 January 1992
Commenced on 1 January 1992
[This is the version of this document from 1 January 1992.]
[Note: The original publication document is not available and this content could not be verified.]

The U.P. Technical Education (Non-Technical-Non-Gazetted) Service Rules, 1992Published vide Notification No. 1833/16-PRA-Shi-288(E)/80, dated September 4, 1992Published vide Notification No. 1833/16-PRA-Shi-288(E)/80, dated September 4, 1992. - In exercise of the powers conferred by the proviso to Article 309 of the Constitution and in supersession off all existing rules and orders on the subject, the Governor is pleased to make the following rules regulating recruitment and the conditions of service of persons appointed to the Uttar Pradesh Technical Education (Non-Technical and Non-Gazetted) Service.

Part I – General

1. Short title and commencement.

- (i) These Rules may be called the Uttar Pradesh Technical Education (Non-Technical and Non-Gazetted) Service Rules, 1992.

(ii)They shall come into force at once.

2. Status of the service.

- The Uttar Pradesh Technical Education (Non-Technical and Non-Gazetted) Service is comprising Service Group 'C' posts.

3. Definitions.

- In these rules, unless there is anything repugnant in the subject or context-

(a)'Appointing authority' in relation to the post of Laboratory Assistant means the Principal of the Institution and in relation to other posts in the Service means, the Director;

(b)`Commission' means the Uttar Pradesh Subordinate Service Selection Commission;

(c)'Citizen of India' means a person who is or is deemed to be a citizen of India under Part II of the Constitution;

(d)'Constitution' means the Constitution of India;

(e)'Government' means the State Government of Uttar Pradesh;

(f)'Governor' means the Governor of Uttar Pradesh;

(g)'Head Office' means the office of the Director of Technical Education, Uttar Pradesh;

(h)'Member of the service' means a person substantively appointed under these rules or the orders in force prior to the commencement of these rules to the post in the cadre of the Service;

(i)'Service' means the Uttar Pradesh Technical Education (Non-Gazetted and Non-Technical) Service;

(j)'substantive appointment' me tins an appointment, not being an ad-hoc appointment on a post in the cadre of the Service, made after selection in accordance with the rules and, if there are no rules, in accordance with the procedure prescribed for the time being by executive instructions issued by the Government;

(k)'Subordinate Institutions' means the offices of Government Polytechnics (boys and girls both), Government Leather Institute, Northern Regional Institute of Printing Technology and other Government Institutions under the Directorate of Technical Education, Uttar Pradesh;

(l)'year of recruitment' means a period of twelve months commencing from the first day of July of a calendar year;

Part II – Cadre

4. Cadre of Service.

- The strength of the service and of each category of posts therein shall be such as may be determined by the Government from time to time.

(2)The strength of service and of each category of posts there in shall, until orders varying the same are passed under sub-rule (1), be as given in Appendix to these rules-Provided that-

(1)The appointing authority may leave unfilled or the Governor may hold in abeyance any vacant post, without thereby entitling any person to compensation;

(2)the Governor may create such additional permanent or temporary posts as he may consider proper.

Part III – Recruitment

5. Source of Recruitment.

(1)Recruitment to the various categories of posts in the service shall be made from the following sources:

1	Laboratory Assistant	By direct recruitment through DepartmentalSelection Committee.
2	Junior Lecturer, Pharmacy.	By direct recruitment through the Commission.
3	Instructor (Stenography)	Ditto.
4	Instructor, Stenography and Typing(Hindi/English)	Ditto.
5	Junior Lecturer Hindi/ English Stenography andTypewriting	Ditto.
6	Instructor, Commercial Practice	Ditto.
7	Instructor, Commerce	Ditto.
8	Instructor, Tailoring	Ditto.
9	Instructor, Embroidery/Knitting	By direct recruitment through the Commission.
10	Instructor, Hindi Language	Ditto.
11	Lecturer, Humanities	Ditto.
12	Lecturer, Science	Ditto.
13	Junior Lecturer, Chemistry	Ditto.
14	Junior Lecturer, physics	Ditto.
15	Lecturer, Science and Mathematics	Ditto.
16	Junior Lecturer, Science and Mathematics	Ditto.
17	Instructor, Science and Mathematics	Ditto.
18	Instructor, Science	Ditto.
19	Demonstrator, Science	Ditto.
20	Instructor, Art	Ditto.
21	Instructor, Archeology	Ditto.
22	Instructor, Library Science	Ditto.

6. Reservation.

- Reservation for the candidates belonging to Scheduled Castes, Scheduled Tribes and other categories shall be in accordance with the orders of the Government in force at the time of the recruitment.

Part IV – Qualification

7. Nationality.

- A candidate for direct recruitment to a post in the service must be :

(a)A citizen of India; or

(b)A Tibetan refugee who came over to India before the 1st, January, 1962 with the intention of permanently settling in India; or

(c)A person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka, or any of the East African countries of Kenya, Uganda and the United Republic of Tanzania (Formerly Tanganyika and Zanzibar) with the intention of permanently settling in India :

Provided that a candidate belonging to category (b) or (c) above must be a person in whose favour a certificate of eligibility has been issued by the State Government:Provided further that a candidate belonging to category (b) will also be required to obtain a certificate of eligibility granted by the Deputy Inspector General of Police, Intelligence Branch, Uttar Pradesh :Provided also that if a candidate belongs to category (c) no certificate of eligibility will be issued for a period of more than one year and the retention of such a candidate in service beyond a period of one year shall be subject to his acquiring Indian citizenship.Note - A candidate in whose case a certificate of eligibility is necessary' but the same has neither been issued nor refused may be admitted to an examination or interview and he may also be provisionally appointed subject to the necessary certificate being obtained by him. or issued in his favour.

8. Academic qualifications.

- A candidate for a direct recruitment to the various posts in the service must possess the qualifications mentioned against each such post in column 7 of the appendix to these rules.

9. Preferential qualification.

- A candidate who has-

(i)served in the Territorial Army for a minimum period of two years, or

(ii)obtained a 'B' certificate of National Cadet Corps shall, other things being equal, be given preference in the matter of direct , recruitment.

10. Age.

- A candidate for direct recruitment must have attained the age of 21 years and must not have attained the age of more than 32 years on the first day of July of the calendar year in which vacancies are advertised :Provided that the upper age limit, in the case of candidates belonging to the Schedule Castes, Scheduled Tribes and such other categories, as may be notified by Government from time to time, shall be greater by such number of years as may be specified.

11. Character.

- The character of a candidate for direct recruitment to a post in the service must be such as to render him suitable in all respects for employment in Government service. The appointing authority shall satisfy itself on this point.Note-Persons dismissed by the Union Government or a State Government or by a Local Authority or a Corporation or Body owned or controlled by the Union Government or a State Government, shall be ineligible for appointment to any post in the service. Persons convicted of an offence involving moral turpitude shall also be ineligible.

12. Marital status.

- A male candidate who has more than one wife living or a female candidate who has married a man already having a wife living shall not be eligible for appointment to a post in the service :Provided that the Government may, if satisfied that there exist special grounds for doing so, exempt any person from the operation of this rule.

13. Physical fitness.

- No candidate shall be appointed to a post in the service unless he be in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his duties. Before a candidate is finally approved for appointment, he shall be required to produce a medical certificate of fitness in accordance with the rules framed under Fundamental Rule 10, contained in Chapter III of the Financial Hand Book, Volume II, Part III :Provided that a medical certificate of fitness shall not be required from a candidate recruited by promotion.

Part V – Procedure For Recruitment

14. Determination of vacancies.

- The appointing authority shall determine the number of vacancies to be filled during the course of a year as also the number of vacancies to be reserved for candidates belonging to Scheduled Castes; Scheduled Tribes and other categories under Rule 6.

15. By direct recruitment.

(1)The applications for permission to appear in the Competitive Examination shall be called by the Commission in prescribed form published in the advertisement issued by the Commission.

(2)No candidate shall be admitted to the examination unless he holds a certificate of admission, issued by the Commission.

(3)The Commission shall prepare a list of candidates in order of their proficiency as disclosed by the marks obtained by each candidate in the written examination and recommend such number of candidates as they consider fit for appointment. The number of the names in the list shall be larger (but not larger by more than 25 per cent) than the number of the, vacancies. The Commission 'shall forward the list to the appointing authority.

16. Procedure for recruitment by Selection Committee.

(1)For the purpose of recruitment, there shall be constituted a selection committee comprising-

(i)Principal of the Polytechnic;

(ii)an officer belonging to Scheduled Castes/Scheduled Tribes, nominated by the District Magistrate if the appointing authority or his nominee does not belong to Scheduled Castes/Scheduled Tribes. If the appointing authority or his nominee belongs to Scheduled Castes/Scheduled Tribes, an officer other than belonging to Scheduled Castes/Scheduled Tribes, to be nominated by the District Magistrate.

(iii)Two officers nominated by the appointing authority, one of whom shall be an officer belonging to minority community and the other officer belonging to backward class. If such suitable officer is not available in his department, such suitable officer shall on the request of the appointing authority be nominated by the District Magistrate and on his failure to do so by reason of non-availability of suitable officer, such officer shall be nominated by the Divisional Commissioner.

(2)The Selection Committee shall scrutinise the applications and require the eligible candidates to appear for interview.

(3)The Selection Committee shall prepare a list of candidates in order of merit as disclosed by marks obtained in the interview. If two or more candidates obtain equal marks the Selection Committee shall arrange their names in order of merit on the basis of their general suitability for the post. The number of the names in the list shall be larger (but not larger by more than 25 per cent) than the number of vacancies.

Part VI – Appointment, Probation, Confirmation and Seniority

17. Appointment.

(1)Subject to the provisions of sub-rule (2), the appointing authority shall make appointment by taking the name of candidate in the order in which they stand in the lists prepared under the Rule 15 or 16 as the case may be.

(2)If more than one order of appointment are issued in respect of any one selection a combined order shall also be issued mentioning the names of the persons in order of seniority as determined in the selection or, as the case may be, as it stood in the cadre from which they are promoted.

18. Probation.

(1)A person on substantive appointment to a post in the service shall be placed on probation for a period of two years.

(2)The appointing authority may, for reasons to be recorded in writing, extend the period of probation in individual cases specifying the date upto which the extension is granted :Provided that save in exceptional circumstances, the period of Probation shall not be extended beyond one year and in no circumstances beyond two years.

(3)If it appears to the appointing authority at any time during or at the end of the period of probation or extended, period of probation that a probationer has not made sufficient use of his opportunities on his work and conduct is not satisfactory', he may be reverted to his substantive post, if any, and if he does not hold a lien on any post, his services may be dispensed with.

(4)A probationer who is reverted or whose services are dispensed with under sub-rule (3) shall not be entitled to any compensation.

(5)The appointing authority may allow continuous service rendered in an officiating or temporary capacity in a post included in the cadre or any other equivalent or higher post, to be taken into account for the purpose of computing the period of probation.

19. Confirmation.

(1)Subject to the provisions of sub-rule (2) a probationer shall be confirmed in his appointment at the end of the period of probation or the extended period of probation if-

(a)his work and conduct is reported to be satisfactory,

(b)his integrity is certified,

(c)he has successfully undergone the training, if any prescribed, and

(d)the appointing authority is satisfied that he is otherwise fit for confirmation.

(2)Where, in accordance with the provisions of the Uttar Pradesh State Government Servant Confirmation Rules, 1991 confirmation is not necessary, the order under sub-rule (3) of Rule 5 of those rules declaring that person concerned has successfully completed the probation shall be deemed to be the order of confirmation.

20. Seniority.

- The seniority' of persons substantively appointed in the service shall be determined in accordance with the Uttar Pradesh State Government Servant Seniority Rides, 1991 as amended from time to time.

Part VII – Pay Etc.

21. Scales of pay.

(1)The scales of pay' admissible to persons appointed to the various categories of posts in the service, whether in a substantive or officiating capacity or as a temporary' measure, shall be such as may be determined by the Government from time to time.

(2)The scales of pay at the time of commencement of these rules are given in Column-3 of the Appendix to these rules.

22. Pay during probation.

(1)Notwithstanding any provision in the Fundamental Rules to the contrary, a person on probation if he is not already in permanent Government service, shall be allowed first, increment in the time scale when he has completed one year of satisfactory' service, and second increment after two years service when he has successfully completed the probationary period and is also confirmed :Provided that if the period of probation is extended on account of unsatisfactory work and conduct, such extension shall not count for increment unless the appointing authority directs otherwise.

(2)The pay during probation of person who was already holding a post under the Government, shall be regulated by' the relevant Fundamental Rules :Provided that, if the period of probation is extended on account of failure to give satisfaction, such extension shall not count for increment unless the appointing authority directs otherwise :

(3)The pay during probation of a person already in permanent Government service shall be regulated by the relevant rules, applicable to Government servants generally serving in connection with the affairs of the State.

23. Criteria for crossing efficiency bar.

- No person shall be allowed to cross the efficiency bar unless :

(i)his work and conduct are found to be satisfactory :

(ii)he has worked diligently and to the best of his ability :

(iii)his integrity is certified.

Part Viii – Other Provisions

24. Canvassing.

- No recommendations, either written or oral, other than those required under the rules applicable to the post or service will be taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature will disqualify him for appointment.

25. Regulation of other matters.

- In regard to the matters not specifically covered by these rules or by special orders, persons appointed to the service shall be governed by the rules, regulations and orders applicable generally to Government servants serving in connection with the affairs of the State.

26. Relaxation from the conditions of service.

- Where the State Government is satisfied that the operation of any rule regulating the conditions of service of a person appointed to the service causes undue hardship in any particular case, it may, notwithstanding anything contained in the rules applicable to the case, by order, dispense with or relax the requirement of that rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner.

27. Savings.

- Nothing in these rules shall affect reservations and other concessions required to be provided for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other special categories of persons in accordance with the orders of the Government issued from time to time in this regard.Appendix(See Rules 4, 8 and 21)

S.No.	Posts	Scale of pay	Number of posts	Qualifications required
			Permanent	Temporary	Total
1	2	3	4	5	6	7
1	Laboratory Assistant	Rs. 9975-25 1150-EB-30-1660	6	12	18	Diploma in Pharmacy form a recognised institutionorDegree of Bachelor of Science with Zoology, Botany and ChemistryFrom a University established by law in India.
2	Junior Lecturer Pharmacy	Rs. 1600-50-2300-EB-60-2660	4	8	12	Degree in Pharmacy from a University established by law inIndia or a qualification declared as equivalent thereto by thegovernment Knowledge of Hindi Essential.
3	Instructor Stenography	Rs. 1400-40-1800-EB-50-2400		20	20	Diploma in Stenography and Secretarial Practice from arecognised institution.
4	Instructor Stenography and Typing (Hindi/English)	Ditto	2	-	2	Ditto
5	Junior Lecturer Hindi/English Stenography and typewriting	Ditto	2	-	2	Ditto
6	Instructor Tailoring	Ditto	2	-	2	First class Diploma from a recognised institution in costumeDesign and Dress Making with at least 66 percent Marks and/orpractical experience.OrIntermediate from the Board ofHigh School and Intermediate Education Uttar Pradesh in SecondDivision and Cutting/Tailoring and Allied Crafts, recognised byGovernment and 3 years teaching or practical experience inTailoring, Cutting and Allied Crafts.OrHigh School formthe Board of High School and Intermediate Education UttarPradesh and Certificate in Cutting/ Tailoring and Allied Crafts,recognised by Government and 5 years teaching and/or practicalexperience in Tailoring /Cut7. Instructing and Allied Crafts.
7	Instructor, Embroidery and Knitting	Rs. 1400-40-1800-EB-50-2400	2	-	2	1st Class Diploma awarded by a recognised institution inCostume Design and Dress Making with at least 66 per cent marksand one Year teaching and/or practicalexperience.OrIntermediate from the Board of High Schooland Intermediate Education Uttar Pradesh in 2nd Division andcertificate in Embroidery Needle work and knitting and AlliedCraft recognised by Government with 3 years teaching orpractical experience in Embroidery Needle Work andKnitting.OrHigh School from Board of High School andIntermediate Education, Uttar Pradesh and certificate inEmbroidery Needle Work and Knitting and Allied Craft recognisedby Government and 5 years teaching and/ or practical experiencein Embroidery Needle work and Knitting and Allied Craft.
8	Instructor, Commercial Practice.	Rs. 1400-40-1800-EB-50-2400	-	6	6	Degree of Bachelor in Commerce from an University establishedby law in India with atleast 55 percent marks and knowledge ofStenography and Typing in Hindi and English.OrDiplomaawarded by a recognised institution in commercial practice withatleast 66 percent marks.
9	Instructor Commerce	Rs. 1400-40-1800-EB-2400	-	1	1	Degree of Master in Commerce from an University establishedby law in India in IInd Class with one year teaching experience.
10	Instructor Hindi Language	Ditto.	2	4	6	Bachelors Degree from University established by law in Indiawith Hindi Sanskrit and general English alongwith Bachelor inEducation/ Licenciate Training.
11	Lecturer Humanities	Rs. 1600-50-2300-EB-2660	1	-	1	Master Degree from University established by law in India inrelevant subject English/Hindi with 2 years teaching experience.
12	Lecturer Science	Ditto.	1	-	1	Masters Degree in Science in Physics or Chemistry havingPhysics, Chemistry and Mathematics as subjects in BachelorsDegree.
13	Junior Lecturer Chemistry	Ditto	2	-	2	Master Degree in Science from a University established by lawin India, in chemistry and knowledge of hindi is essential.
14	Junior Lecturer Physics	Ditto.	2	-	2	Master Degree in Science from a University established bylaw in India in Physics. Knowledge of Hindi is essential.
15	Lecturer in Science and Mathematics Junior Lecturer inScience and Mathematics/Instruct or in Science and Mathematics	Rs. 1400-40-1800-EB-50-2400	9	-	9	Bachelors Degree in Science from a University established bylaw in India with physics, Chemistry and Mathematics teachingexperience will be preferred.
16	Instructor Science	Ditto	1	-	1	Bachelors Degree in Science from University established bylaw in India with Zoology and Botany.Teaching experiencewill be preferred.
17	Demonstrator Science	Rs. 1400-40-1800-EB-50-2300	1	-	1	Bachelors Degree in Science from a University established bylaw in India with Physics, Chemistry and Mathematics.Teachingexperience will be preferred.
18	Instructor Art	Rs. 1400-40-1800-EB-50-2400	1	-	1	Diploma in Art from a recognised Institution.
19	Instructor Archaeology	Ditto.	1	-	1	Post Graduate degree from a university established by law inIndia in History with Archaeology.
20	Instructor Library Science	Ditto.	-	1	1	Degree in Library Science form a University established bylaw in India.

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