Section 35 in The Gujarat Secondary and Higher Secondary Education Act, 1972
35. Registered private secondary schools [and registered private higher secondary schools] [These words inserted by Gujarat 14 of 2002, dated 6th April, 2002.] to have Selection Committees.
(1)For every registered private secondary school [and every registered private higher secondary school] [These words inserted by Gujarat 14 of 2002, dated 6th April, 2002.] there shall be following two committees, namely:(a)a school staff selection committee for the purpose of recruiting the teaching staff of the school other than the head-master,(b)a special school committee for the purpose of recruiting the headmaster and for the purpose of the initial recruitment of the headmaster and the teaching staff of a school started after the appointed day.(2)The school staff selection committee shall consist of the following members, namely:(i)Two representatives of the management of the school to be nominated by the management.(ii)The headmaster of the school.(iii)In the case of a school the total number of teachers in which is more than six, two teachers to be elected by the teachers of the school from amongst themselves, and in the case of a school the total number of teachers in which is or is less than six, one teacher to be elected by the teachers of the school from amongst themselves; and(iv)One representative of the Board to be nominated by the Board.(3)The special school committee shall consist of the following members, namely:(i)Two representatives of the management of the school to be nominated by the management.(ii)Two representatives of the Board to be nominated by the Board.(4)Subject to the provisions of sub-section (1) of Section 34, the school staff selection committee or, as the case may be, the special school committee shall select persons for appointment as teachers of the school from amongst the persons [who are qualified to be appointed as such in accordance with the regulations made in this behalf] [Substituted for 'whose names appear in any of the registers prepared and maintained by the Board under Clause (13) and (14) of Section 17' by Gujarat 32 of 1978, dated 29lh September, 1978.]:Provided that, for the purpose of such selection preference shall be given to a protected teacher, if he is otherwise eligible.(5)The special school committee shall select persons for appointment to the post of headmaster of the school from amongst persons referred to in sub-section (4) or from amongst the teachers in the school:Provided that, for the purpose of such selection, preference shall be given to a senior teacher [ serving in the school or schools under the same management] [Substituted for 'serving in the school' by Gujarat 32 of 1978, dated 29th September, 1978.], if he is otherwise eligible and suitable.(6)Whenever the persons from amongst whom a teacher or a headmaster is to be selected includes a person who is related to any member of the governing body or other body in charge of the management of the school or to any member of the school-staff selection committee or, as the case may be, the special school committee, the member concerned of such committee, shall disclose the fact of such relationship to the members of the Committee and if any such person is selected by the Committee, his selection shall be subject to approval by an officer of the Board authorised in that behalf. Such approval shall be sought by the Committee within a week from the date of selection of the persons concerned and the authorised officer of the Board shall communicate his decision within fifteen days from the date of receipt of the reference by him.(7)Any appointment of a head-master or a teacher made in contravention of the provisions of this section shall be ineffective.Explanation. - For the purpose of sub-section (6), a person shall be said to be related to a member if he is related to him in any of the following capacities, namely:Son, grandson, son-in-law, brother daughter, grand-daughter, wife, nephew, first cousin (paternal or maternal), wife's brother, sister's husband, husband, husband's brother, husband's sister, wife's sister, daughter-in-law, and sister-in-law.
