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State of Tamilnadu - Section

Section 15 in Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974

15. Qualifications, conditions of service of teachers and other persons.

(1)The number of teachers and other persons employed in a private school shall not exceed the number of posts sanctioned by the Director of School Education, from time to time, with reference to the academic requirements, teacher-pupil ratio and overall financial considerations.
(2)
(i)The School Committee of every private school shall enter into an agreement with the teacher or other person in Form VII-A or VII-B if the appointment is for a period exceeding three months.
[(i-a) The School Committee of every private school shall enter into an agreement with the person appointed as Junior Grade Teacher in Form VII-C.] [Inserted by G.O. Ms. No. 125, School Education, dated the 12th November 2003.]
(ii)Three copies of the agreement shall be executed, one copy shall be furnished to the teacher or other person concerned, the other copy shall be retained by the School Committee and the third copy shall be forwarded to the District Educational Officer.
(3)In a regular vacancy, a fully qualified candidate shall be appointed only on a regular basis. However, in a temporary vacancy, i.e., leave vacancy, deputation for training or suspension of the teacher's certificate, a teacher or other person may be appointed for a specified period. In such cases, the agreement to be executed shall be in Form VII-B
(4)
(i)Promotion shall be made on grounds of merit and ability, seniority being considered only when merit and ability are approximately equal.
(ii)[ Appointments to the various categories of teachers shall be made by the following methods: - [Substituted by G.O. Ms. No. 1376, Education, dated the 6th July 1981.]
(i)Promotion among the qualified teachers in that school.
(ii)If no qualified and suitable candidate is available by method (i) above, -
(a)Appointment of other persons employed in that school, provided they are fully qualified to hold the post of teachers.
(b)Appointment of teachers from any other school.
(c)Direct recruitment.
In the case of appointment from any other school or by direct recruitment the School Committee shall obtain the prior permission of the District Educational Officer in respect of Pre-primary, Primary and Middle School and that of the Chief Educational Officer in respect of High Schools and Higher Secondary Schools, Teacher Training Institutions setting out the reasons for such appointment. In respect of corporate body running more than one school, the schools under that body shall be treated as one unit for purpose of this rule.
(d)Appointment to the post of Headmaster of Higher Secondary School shall be made by the method specified in clause (ii) either from the category of Headmasters of High Schools or Teachers' Training Institutes or from the category of Post-Graduate Assistants in academic subjects or Post-Graduate Assistants in Languages provided they possess the prescribed qualifications.]
(4-A) Any person employed in the institution specified in column (1) of the Table below, aggrieved by an order issued under sub-rule (4) may prefer an appeal to the authority specified in the corresponding entry in column (2) thereof: -
Institution Authority
(1) (2)
Pre-primary, Primary or Middle Schools Chief Educational Officer.
High School or Higher Secondary School (inrespect of a person other than Headmaster) Post-GraduateAssistant (both Academic and Languages) or Physical Director. Joint Director of School Education (SecondaryEducation)
Teachers' Training Institutes Deputy Director (Teacher Education)
Higher Secondary School (in respect ofHeadmaster Post-Graduate Assistant (both Academic and Languages)or Physical Director. Joint Director of School Education (HigherSecondary)
(5)A service register shall be maintained for every teacher or other person, showing among others, the date of appointment, the scale of pay on which he was appointed, the increments given, from time to time, the leave to his credit and the leave granted and other relevant entries like awards and punishments.
(6)[ The teacher and other persons employed in a private school shall possess the qualifications specified in Annexure V.] [Added by G.O. Ms. No. 1118, Education, dated the 25th June 1975.][(6-A) The person appointed as Junior Grade Teacher in a private school shall possess the qualification specified in Annexure V-A.] [Inserted by G.O. Ms. No. 125, School Education (X2), dated the 12th November 2003.]
(7)[ Every private school, not being a minority school, shall reserve 18 per cent of the vacancies in teaching as well as non-teaching staff candidates belonging to Scheduled Castes and Scheduled Tribes.] [Added by G.O.Ms. No. 1896, Education, dated the 21st October 1978.]
(8)[ Every private school, not being a minority school, shall reserve 50 per cent of the vacancies in teaching and as well as non-teaching side for the candidates belonging to Backward Classes.
(9)[ (i) The claims of the candidates belonging to Backward Classes, Scheduled Castes and Scheduled Tribes shall also be considered for the remaining 32 per cent of unreserved vacancies which are filled on the basis of merit. Where a candidate belonging to Backward Classes, Scheduled Castes or Scheduled Tribes is selected on the basis of merit in the said 32 percentage of unreserved vacancies, the number of percentage reserved for Backward Classes, Scheduled Castes and Scheduled Tribes, as the case may be, shall not in any way be affected.] [Sub-rules (8) and (9) of rule 15 were added by G.O. Ms. No. 1371, Education, dated the 22nd July 1980.]
(ii)If a qualified and suitable candidate belonging to any of the Scheduled Castes and Scheduled Tribes or Backward Classes is not available for selection for appointment in the turn allotted for them in the cycle, the turn so allotted to the Backward Classes shall lapse and the vacancy shall be filled by the next turn in the order of rotation. But the turn so reserved for Scheduled Castes and Scheduled Tribes shall not lapse and the number of candidates to be selected in that recruitment shall be reduced by the number of Scheduled Castes and Scheduled Tribes candidates not available for selection against the turn reserved for them, the unfilled vacancies reserved for Scheduled Castes and Scheduled Tribes shall be carried over to the next recruitment and selection for appointment to that post in the next recruitment shall be made first for the carried over turn and then the normal rotation shall be followed. If qualified Scheduled Castes or Scheduled Tribes candidates are not available even then the carried over turn shall lapse and the vacancy shall be filled by the next turn in the order of rotation.