323. Disciplinary action against the teaching staff.
(1)All appointments to the teaching staff of a High/Higher Secondary/Multi-purpose Schools including Sarvodaya High schools shall be made after the due advertisement in the newspapers except in case of short-term appointments of three months, which may be made as a result of local advertisement.(2)Only graduates who are trained and who possess five years' teaching experience, or untrained graduates of approved merit with ten years' teaching experience. can be considered for appointment as Headmaster. While making appointments to the posts of Headmaster/Principal, the interest and work of the candidate in implementation of the new Courses of Studies and the maintenance of Assessment Record shall be taken into consideration. All appointments of the teaching staff shall be on probation for a year. The probationary period, however, is not to exceed more than two years. The Headmaster/Principal shall be confirmed only when he has passed departmental examination as laid down in Article 326 of the Bihar Education Code. If the Headmaster/Principal is untrained, he will have to undergo a Short Training Course for at least six weeks before confirmation. An assistant teacher shall be confirmed only when he has passed the half-yearly examination or has attended a Short Training Course in teaching for at least six weeks. A graduate equivalent who has passed an examination in English of B.A. standard may also be considered for appointment as Headmaster/Principal provided he is otherwise qualified as laid down in this paragraph.Note. - By trained means the holder of Diploma or Degree in Education, and only who has attended a short Training Course (S.T.C.)(3)The candidates eligible for appointment may be interviewed by the Managing Committee, if necessary, which shall in all cases give due weight to the qualifications, teaching experience and efficiency of the candidates.(4)All appointments shall be made by the Managing Committee at the meeting called for the purpose, subject to the approval of the Department as indicated in paragraph 5 below.The Headmaster/Principal shall be associated with any interview or preliminary sorting out of applications for the posts of teachers in his school and he should act as the adviser to the Managing Committee for such appointments. The Headmaster/Principal's opinion may be recorded in writing in the minutes of the proceedings in cases of all appointments of teachers.(5)The Managing Committee shall submit a copy of the advertisement, the applications received with a tabular statement and its recommendations to the Sub-divisional Education Officer in the case of appointments of Assistant Teachers and to the District Education Officer in case of appointments of Headmaster/Principal, for approval. The District Education Officer or the Sub-divisional Education Officer, as the case may be, shall send his approval within a fortnight of the receipt of the proposal. If he differs from the recommendations of the Managing Committee, he shall record in writing the reasons for his difference. While recommending, the Managing Committee shall submit three names for each post in order of preference recording reasons for preference. The Managing Committee may appeal to the District Education Officer in case of difference of opinion with the Sub-divisional Education Officer in the matters of appointments of Assistant Teachers and to the President, Board of Secondary Education through the Regional Deputy Director of Education in the case of difference of opinion with the District Education Officer for the appointments of Headmaster/Principal. The decision of the District Education Officer or the President, as the case may be, shall be final. A copy of the joining report of the teacher or the Headmaster/Principal is to be submitted to the approving authority within a month.(6)Every teacher including Headmaster/Principal shall be required to enter into an agreement with the Managing Committee on an approved form.(7)A Service-Book shall be maintained for every teacher in the prescribed form by the Secretary of the Managing Committee.(8)A confidential character roll in respect of each Headmaster/Principal shall be maintained by the Sub-divisional Education Officer in a form prescribed by the Department and submitted by the 30th of May, every year to the District Education Officer who is empowered to give his own remarks and to delete any adverse remarks after communicating to the person concerned and obtaining his explanation,(9)An annual character roll of each teacher shall be maintained in a form prescribed by the Department by the Headmaster/Principal of the school which shall be subject to the scrutiny of the Inspecting Officer not below the rank of the Sub-divisional Education Officer. All entries in the character roll of teachers made by the Headmaster/Principal shall, by the 30th May, be submitted to the District Education Officer who is empowered to give his own remarks and to delete any adverse remarks after communicating to the person concerned and obtaining his explanation.(10)Extracts containing all salient points in the entries shall be communicated to the Headmaster/Principal by the District Education Officer and to the teachers by the Headmaster/Principal. Representations for selections may ordinarily be considered on points of facts and not of opinion.(11)No post of a teacher or clerk in any school shall be retrenched without the sanction of the District Education Officer. If the post is to be revised, District Education Officer's permission is necessary.(G. O. no. 5172, dated the 7th September 1955.)
