Department: Madrasah Education
Subject:
GOVERNMENT OF WEST BENGAL
MINORITY AFFAIRS AND MADRASAH EDUCATION DEPARTMENT
No. 1641-MD Date: 11.11.2010
NOTIFICATION
In exercise of the power conferred by section 18 read with sections 8, 9 and 24 of the West Bengal Madrasah Service Commission Act, 2008 (West Ben. Act XXV of 2008), the Governor is pleased hereby to make the following rules namely:-
RULES
CHAPTER- I
Preliminary
1. Short title, commencement and application
(1) These rules may be called the West Bengal Madrasah Service Commission Recruitment (Selection and Recommendation of persons for Appointment and Transfer to the Posts of Teacher and non-teaching Staff) Rules, 2010.
(2) They shall come into force on the date of their publication in the Official Gazette.
(3) These rules shall apply to all Recognised Non-Government Aided Madrasahs in West Bengal.
2. Definitions
(1) In these rules, unless the context otherwise requires,-
(i) “Act” means the West Bengal Madrasah Service Commission Act, 2008 (West Ben. Act XXV of 2008);
(ii) “Area” means the area in which the Madrasah is situated, where vacancies/vacancy exists/s and the same may be a district or sub-division or corporation as may be determined by the Commission.
(iii) “Category” in relation to a post of –
(a) “Teacher” means Headmaster/Headmistress, Superintendent, Assistant Teacher in the Hons./Post-Graduate, Pass-Graduate or Under-Graduate category;
(b) “non-teaching Staff’ means the non-teaching staff as defined in clause (mm) of section 2 of the Act;
(iv) “Certificate” means a certificate passing Madhyamik Pariksha or High Madrasah Examination or Alim or Fazil or Higher Secondary Examination or equivalent obtained from the West Bengal Board of Secondary Education or West Bengal Board of Madrasah Education or other recognised Board or Institution constituting West Bengal Council of Higher Secondary Education or Rabindra Mukta Vidyalaya Samsad or other recognized Board of Institution, University or Certificate in Library Science obtained from an institution recognized by the Government or University or certificate passing 8th Standard, issued by any recognized educational institution, school or madrasah or a Madrasah Shiksha Kendra, Madhyamik Shiksha Kendra or Madhyamik Shiksha Kendra (Senior Madrasah type) approved by the Director of Madrasah Education under the Minority Affairs and Madrasah Education Department or approved Madhyamik Shiksha Kendra under the Panchayet and Rural Development Department, Government of West Bengal;
(v) “Commission” means the West Bengal Madrasah Service Commission;
(vi) “Compassionate ground” means death or physical inability or incapacitation before attaining 58 years of age (duly declared by the Medical Boara) of an approved teacher or non-teaching staff of a Madrasah;
(vii) “concerned subject” in relation to a post of teacher, means a subject or subjects against which a vacancy has occured or has been reported or will occur within the stipulated period as determined by the Commission for the purpose of selection of a person to the post;
(viii) “Degree” or “Diploma” means-
(a) Bachelor or Master Degree or any Diploma obtained through regular course as a regular or private or external candidate from a University recognized by or affiliated to University Grants Commission;
(b) Bachelor or Master Degree of any Diploma obtained through distance education system or correspondence course from a University recognized by the University Grants Commission or the Distance Education Council;
(ix) “Director” means the Director of Madrasah Education, West Bengal;
(x) “District Inspector of Schools”, in relation to a Madrasah means the District Inspector of Schools (Secondary Education) exercising jurisdiction in respect of the Madrasah;
(xi) “Head of the Madrasah” means and includes Headmaster, Headsmistress, Superintendent and Teacher-Charge;
(xii) “Honours or Post Graduate Vacancy” means a vacancy for the post of a teacher in a Madrasah against which only the person holding a Bachelor degree in the Honours level or Post graduate degree, can be appointed;
(xiii) “Madrasah Authority” means and includes Managing Committee, Ad hoc Committee and Administrator of the Madrasah;
(xiv) “Mutual Transfer” means the mutual change of places of work of two teachers or non-teaching staff of two Madrasahs, of the same category and or subject to the approval of higher authority;
(xv) “Panel” means a list published by the Commission containing the names of candidates equal to number of vacancies declared found fit for appointment strictly in order of merit;
(xvi) “Pass Vacancy” means a vacancy for the post of a teacher in a Madrasah against which a person holding a Bachelor degree minimum in the pass course level can be appointed;
(xvii) “Post” means a whole-time sanctioned post of Madrasah of any of the following :-
A. Teaching category of-
a) Headmaster /Headmistress in High /Higher Secondary Madrasah or Superintendent in Senior Madrasah;
b) Headmaster /Headmistress of a Jr. High Madrasah;
c) Assistant Teacher against Honours /Postgraduate vacancy,
d) Assistant Teacher against Pass vacancy,
e) Assistant Teacher against Undergraduate vacancy,
B. Non – teaching category of –
a) Librarian
b) Group – C (Clerk)
c) Group – D (Peon/ Matron/ Lab. attendant/ Night Guard, etc.)
(xviii) “Region” means and includes a few districts taken together for the pourpose of selection as to be notified from time to time by the Government.
(xix) “Schedule” means Schedules appended to these rules;
(xx) “State” means the State of West Bengal;
(xxi) “State Government” means the Government of West Bengal in the Minority Affairs and Madrasah Education Department.
(xxii) “Sub-rule” means sub-rule of a rule in which the word or expression occurs.
(xxiii) “Teacher” means and includes Headmaster, Headmistress, Superintendent, Assistant Teacher of different categories, viz. Hons./ Post-Graduate, Pass-Graduate, Under-Graduate, etc.
(xxiv) “Transfer” means change of place of work of an approved teacher or non-teaching staff from one Madrasah to another in the post of same category and or subject as prescribed later on.
(xxv) “Undergraduate Vacancy” means vacancy for the post of a teacher against which a person having at least passed the H. S. or Fazil or equivalent examination (as the case may be), can be appointed;
(xxvi) “University” means a university recognized by/ affiliated to University Grants Commission or constituted under the act of the Central/ State Government or an institution accepted by the Central/ State Government as equivalent to an Indian University.
(xxvii) “Vacancy” means a vacancy in the post of teacher including Headmaster/ Headmistress/ Superintendent or Non-Teaching Staff including Librarian caused by –
a) Creation of new post,
b) Superannuation, (of a teacher or non-teaching staff)
c) Voluntary Retirement,
d) Death, (of a teacher or non-teaching staff)
c) Acceptance of the resignation (tendered by a teacher or a non-teaching staff) by the appointing authority,
f) Removal or dismissal (of a teacher or a non-teaching staff) by competent authority and duly approved by the West Bengal Board of Madrasah Education,
g) Recognition of newly set-up Madrasah,
h) Up-gradation of a Jr. High Madrasah/ Sr. Madrasah/ High Madrasah’ into High Madrasah/ Sr. Madrasah with Fazil Course/ Higher Secondary Madrasah respectively or
i) any other reason, as the State Government may, by order determine.
(xxviii) “Waiting List” means in relation to-
a) Headmaster/Headmistress/Superintendent,- a list of candidates named in order of merit containing names of candidates equal to 0.25 times the number of vacancies occurred/declared or will occur within the stipulated period for a State/Regional Level Selection Test category, medium & gender wise.
b) Assistant Teachers-a list of candidate named in order of merit containing names of candidates equal to 0.10 times of the number of vacancies occurred/declared or will occur within the stipulated period for a State Level Selection Test category-wise, subject-wise, medium-wise, gender-wise and
c) Librarian-a list of candidates named in order of merit containing names of candidates equal to 0.10 times the number of vacancies occurred/declared or will occur within the stipulated period for a State/Region/Area Level Selection Test for the said category.
d) Group-C staff (clerk)-a list of candidates named in order of merit containing names of candidates equal to 0.10 times the number of vacancies occurred/declared or will occur for a State/Region/Area Level Selection Test for the said category.
e) Group-D staff-a list of candidates named in order of merit containing names of candidates equal to 0.10 times the number of vacancies occured/declared or will occur for a State/Region/Area Level Selection Test for the said category.
N.B.: Separate panels/lists may be prepared within the Group-D category post-wise e.g. Lab. Attendant/Matron etc., as may be determined by the Commission.
(2) Words and expressions used and not defined in these rules but defined in the Act shall have the same meaning as respectively assigned to them in the Act.
CHAPTER-II
Provision regarding post, qualification, age etc.
3. Names of post, qualification and age
(1) The name of the post and its qualification shall, subject to rules 4 & 5, be such as specified respectively in columns (2) and (3) of Schedule-I:
Provided that a person having the desirable qualification mentioned in column (2) against the posts mentioned in Sl. Nos. 4,5,6,7,8,10,11,12,13,15 of column (1) of Schedule I shall, if qualified in written examination, get preference over the candidate, who has qualified in written examination but has no desirable qualification.
(2) The age-limit for the post referred to in column (2) shall be such as specified in column (4) of the Schedule I:
Provided that the person who is already in approved service in the sanctioned post of Teacher or Non-teaching Staff of any Madrasah/School may apply for the post of Teacher and Non-teaching Staff within maximum age of 55 years as on 1st January of the year of advertisement.
4. Additional essential qualification of candidate
A candidate willing to be selected as a Teacher or Non-teaching Staff in any Madrasah, having Bengali or English or Hindi or Nepali or Oriya or Santhali or Telegu or Urdu as the medium of instruction, must have Bengali or English or Hindi or Nepali or Oriya or Santhali or Telegu or Urdu, as the case may be, as first or second or third language at any of the Secondary or Higher Secondary or Graduation level – at Secondary level of the West Bengal Board of Secondary Education or West Bengal Board of Madrasah Education or equivalent or at Higher Secondary level of the West Bengal Council of Higher Secondary Education or equivalent or at Fazil level of the West Bengal Board of Madrasah Education or equivalent; or at any subsequent higher level of education in that language paper or must have passed a language (relevant to the medium) course of at least one year’s duration from a University or Institute.
5. Disqualification
(1) No person shall be eligible for selection for appointment to any post teaching or Non-teaching, in any Madrasah-
a) unless, she/he is a citizen of India.
b) if she/he has accepted or offered dowry in any form at the time of his/her marriage or his/her son’s/daughter’s marriage.
(2) No male candidate shall be eligible for selection for appointment to the post of teacher of a Girl’s Madrasah. However, a male candidate may be appointed to a post of Non-teaching staff of a Girl’s Madrasah provided that there is at least one lady staff in the Non-teaching Category.
CHAPTER-III
Scope, Method & Manner of selection
6. Scope
(1) The scope of selection is limited to vacancy(ies) against regular fulltime sanctioned post(s) already occured/to be occured on/after the date of advertisement within the 1st January next ensuing.
(2) Out of the vacancies (teaching and Non-teaching) up to 10% in each category of post barring those of HM/ Superintendent may be filled up from enlisted candidates in Death-harness and permanently Incapacitated category.
“Explanation: The Commission shall fill-up the rest of the vacancies out of 10% by others in order of merit if suitable eligible candidate(s) for appointment on compassionate ground, is/are not available for the particular category of post in a particular year.
7. Method of selection
The selection of persons to the different posts mentioned in column (2) of Schedule I shall be made through the Commission-
(a) by selection (direct recruitment) through the Commission in the manner as specified later on in those rules;
(b) on compassionate ground in the manner as specified in Chapter-X of these rules.
8. Manner of selection
(1) Selection to any post shall be made on the basis of results of the State/Region/Area Level Selection Test, as may be decided by the Commission, which may comprise any, some or all of the following (as the case may be)-
a) Written Examination,
b) Evaluation of Qualification,
c) Personality Test,
d) Aptitude Test,
of the candidates, as the case may be, in the manner as specified in Schedule III.
(2) The Commission may, in its discretion, fix the minimum qualifying marks to be scored/obtained by the candidates in written examination or in agregate or in both and relax the qualifying marks on reasonable ground(s) to be recorded in writing.
(3) In case of appointment on compassionate ground i.e. from Death-harness & permanently incapacitation category, the Commission may select from the enlisted candidates on the basis of personality test or evaluation of qualifications or on both even in relaxation of the written test as the Commission may deem fit.
CHAPTER-IV
Vacancies & Advertisement
9. Vacancy(ies)
(1) Report of vacancies-The District Inspectors of Schools (SE) or any other authorized officer as may be entrusted by the Commission in writing, shall prepare a report regarding the number of vacancies in approved/sanctioned posts which exist(s) or is/are expected to occur within the 1st day of January next ensuing, and shall furnish the same to the Commission at least 15 days before the date of publication of the advertisement.
(2) Compilation of vacancies- The Commission shall, on receipt of the report under Sub rule (1), compile and maintain computerized data on vacancies, district-wise & Subject/post, medium, category and gender-wise with the help of District Inspector of Schools (SE) or any other officer mentioned in sub-rule (1), if necessary, before the date of publication of the advertisement inviting applications.
(3) Updating of vacancies- The Commission shall finally update the number of vacancies occurred & to be occurred within the 1st January next ensuing of the year of advertisement post/subject, medium, category, and gender-wise as well as district-wise, if required, before the publication of the result of written test.
10. Advertisement
(1) The Commission shall, on the basis of available tentative vacancies for the stipulated period after receipt of the report of vacancies under Rule 9(1) & compilation of those under Rule 9(2), issue/publish and advertisement through daily newspapers in the State in English, Bengali, Urdu or in any other languages, if necessary, and also through the Website of the Commission.
(2) Such advertisement shall be issued/published specifying the vacancies, qualifications, age as on the 1st day of January of the year of advertisement, and other necessary information relating to such posts, details of which may be obtained through the website of the Commission and from the Office of the Commission.
(3) While specifying the vacancies in the advertisement, the Commission shall, in case of the post of
a) Headmaster/ Headmistress /Superintendent – Publish a provisional/ tentative vacancy list at the time of inviting application for State/ Region Level Selection Test and a final vacancy list at the time of publication of the result of written examination by declaring the actual vacancies that have occurred/ been reported.
b) Assistant Teacher – Publish a provisional (tentative) vacancy list (medium/ post/ subject/ category/ gender wise) at the time of inviting application for State/ Region Level Selection Test by declaring the tentative vacancies that have been reported and a final vacancy list at the time of publication of the result of the written examination declaring the actual vacancies that have occurred/ been reported or will occur within the stipulated period.
c) Librarian, Clerk & Group-D staff -Publish the tentative and revised (actual) numbers of vacancies of each category at the time of inviting applications for State/ Region Level Selection Test by declaring the tentative vacancies that have been reported and publication of the result of the written test and at the time of publication of the result or at the time of calling for personality test/ interview respectively;
Provided that the Commission may seek application for the posts of Clerk and Group-‘D’ District-wise and application of Librarians Region-wise.
CHAPTER-V
Application & Screening
11. Form of application fee thereof
(1) The Form of application for State/ Region/ Area Level Selection Test for appointment to any post shall be such as may be determined by the Commission from time to time.
(2) The Form of application may be published in the daily Newspapers of the Commission’s Website or both, or may be saleable, as may be determined by the Commission.
(3) The cost of the application ,Form or the application Fee (money) if applicable, shall be such as may be fixed by the State Government from time to time in consultation with the Commission.
12. Submission of applications
(1) The duly filled-in application Form in the prescribed format with fees, if any, shall be submitted within such time and in such manner at such place (s) as may be specified by the Commission in the advertisement.
(2) An Approved in-service teacher or Non-teaching staff of a School /Madrasah may apply only after completion of one year of approved ‘Service in case of a vacancy of higher scale and of two years of approved service in case of vacancy of the same seal
13. Processing, Screening of applications
(1) The Secretary of the Commission shall arrange for proper custody of all the applications which may be received by it against different vacancies.
(2) The Commission shall generate a computerized data-base of all the candidates (applicants), prepare a list of eligible candidates as well as list of rejected applications medium, post, category, subject-wise after due screening.
(3) In case of rejection of any application, the cause of rejection should be stated against the application in the data base to be displayed in the Commission’s Website so that any applicant may know the reason of rejection of his/ her application.
CHAPTER-VI
Arrangement, Holding & Conduct of Written Test
14. Issue of Admit Cards
The Commission shall, for written test, take necessary action for generation and issuance of admit cards mentioning date, time & venue of written test, by regd./speed post/courier service or by any other mode as deemed fit by the Commission giving at least 20 days gap between the date of issue of admit card and the date of written test to the eligible candidates
15. Arrangement of Written Test
(1) The Commission shall arrange for written test under its direct supervision and control.
(2) The Commission shall determine the scheme and syllabus of the