Department: School Education
Subject:
GOVERNMENT OF WEST BENGAL
School Education Department
(Elementary Branch)
No. 580-SE(EE)/10M-6/09(Pt) Date: 14th July, 2015
NOTIFICATION
The following draft of amendments which the Governor, in exercise of the power conferred by sub-section (1) and clause (k) of sub-section (2) of section 106, read with clause (k) of sub-section (I) of section 60, of the West Bengal Primary Education Act, 1973 (West Ben. Act XLIII of 1973) (hereinafter referred to as the said Act) and in supersession of previous rules under notification no. 57-SE(Pry)/10R-1/91 dated 15.01.2002 amended from time to time, is hereby published as required by section 106 of the said Act, for the information of persons likely to be affected thereby.
These draft rules will be taken into consideration on or after expiry of a period of 15 days from the date of its publication in the Official Gazette and any objection or suggestion with respect thereto, which may be received by the undersigned before the said date, shall be duly considered:-
Draft rules
CHAPTER I
Preliminary
1. Short title and commencement.
(1) These rules may be called the West Bengal Primary School Teachers Recruitment Rules, 2015.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions.
In these rules, unless there is anything repugnant in the subject or context,-
(a) “Act” means the West Bengal Primary Education Act, 1973 (West Ben. Act XLIII of 1973);
(b) “Appointment” means appointment of teachers of primary schools in accordance with the provisions of the Act and the rules;
(c) “authorised officer” means, unless otherwise specified, an officer not below the rank of Deputy Director of School Education, West Bengal, duly authorized by the Director of School Education, West Bengal;
(d) “Board” means the West Bengal Board of Primary Education established under the Act;
(e) “Council” means a Primary School Council established under the Act;
(f) “deputation” means deputation of teachers of primary schools to the Training Institute by the Council;
(g) “Director” means the Director of School Education, West Bengal and includes the Commissioner of School Education, West Bengal:
(h) “Head Teacher” means the teacher of a Primary School appointed as Head Teacher of the primary school by the Council in accordance with these rules;
(i) “primary school” means a school or a department of a school set up under the Act for imparting such primary education as the State Government may prescribe, and includes a primary school or a Junior Basic School recognized under the Act and in existence on the date of coming into force of the West Bengal Primary Education (Amendment) Act, 1996;
(j) “panel” means a list of names of the eligible and selected candidates for appointment as teacher in Primary Schools, published by the Board according to rules;
(k) “rule” means any rule made under section 106 of the Act;
(l) “State Government” means the Government of West Bengal in the School Education Department;
(m) “superannuation” means the date of retirement of a teacher from the service on completion of sixtieth year of his age;
(n) “teacher” means a person who holds a teaching post in a primary school or in a Junior Basic School on a regular and whole time basis, and is paid either wholly or in part from the funds under the control of the State Government in the Education Department;
(o) “trained candidate” means a candidate who has obtained Diploma in Elementary Education;
(p) “training” means two years Diploma in Elementary Education (by whatever name known) from an institute recognized by the National Council for Teacher Education (NCTE);
(q) “vacancy” means vacant post of a primary school teacher arising by way of-
(i) creation of a new post by the Council with prior sanction from the State Government,
(ii) retirement of a teacher,
(iii) death of a teacher or declaration by the competent Medical Board for incapacitation of a teacher,
(iv) resignation tendered by a teacher and accepted by the Council,
(v) removal or dismissal of a teacher.
CHAPTER II
General
3. Roll strength for a teacher.
(1) The roll strength for a teacher of a primary school under the jurisdiction of the Council shall be determined as per the Schedule annexed to the Right of Children to Free and Compulsory Education Act, 2009.
(2) No Council shall appoint teacher in primary schools within its jurisdiction beyond the number of teachers sanctioned by the State Government for the district or the sub-division.
(3) A Council may propose to the Director for sanction of additional posts of primary teachers due to increase in roll strength in primary schools of the district or the sub-division, as the case may be. The Director of School Education will send the said proposal with his views to the School Education Department for necessary sanction of such additional post.
4. Information regarding vacancies.
(1) The District Primary School Council shall prepare a report regarding the number of vacancies in sanctioned posts, medium-wise and category-wise for the post of assistant teachers of primary school under its jurisdiction plus vacancies anticipated to occur against the sanctioned strength within the next 12 months from the date of advertisement.
(2) On receipt of report under sub-rule (1), the Director of School Education after due verification and with due approval of the Government shall send the vacancy report to the West Bengal Board of Primary Education.
(3) On receipt of the vacancy report for all the District Primary School Councils under sub-rule (2), from the Director of School Education, the Board shall, for filling up such vacancies, make an advertisement through widely published daily newspapers in the State in English, Bengali or any other languages, if necessary and also through the website of the Board.
(4) The advertisement for filling up vacancies shall, inter alia, contain-
(a) the date, place and time for collection of application form;
(b) the manner of submission of application form;
(c) date and time of viva-voce/interview;
(d) quota for reservation with due consideration of the reservation policy of the Government of West Bengal;
(e) the manner of payment of application fee;
(f) any other particulars as may be approved by the State Government;
(g) terms and conditions of the recruitment.
(5) With the prior approval of the State Government, the Board shall have the following power to lay down the modalities, procedures or guidelines, as the case may be,-
(a) for selection of candidates for preparation of panels for appointment;
(b) co-ordinate the entire procedural formalities relating to the recruitment; and
(c) engage any specialized agency for the purpose.
(6) The application form shall be obtained on payment such fee which is non-refundable and in such manner as mentioned in the time of advertisement:
Provided that the candidates belonging to Scheduled Castes or Scheduled Tribes or Physically challenged shall be required to pay such non-refundable fee at reduced rate as may be mentioned in the said advertisement.
CHAPTER III
Selection and Appointment
(1) Teacher
5. Appointing Authority.
The Chairperson, the concerned District Primary School Council, the Kolkata Primary School Council, or the Siliguri Primary School Council, shall be the appointing authority.
6. Qualifications.
(1) No person shall be appointed by the Council as a teacher unless he is a citizen of India and has completed the age of 18 years as on 1st day of January of the year of advertisement and has not completed the age of 40 years on the 1st day of January of the year of advertisement of the Teacher Eligibility Test (TET).
(2) The candidate shall possess the minimum educational qualifications specified by the National Council for Teacher Education, read with the notification relating to eligibility of candidates with the relaxed qualification issued by the Ministry of Human Resource Development, Department of School Education and Literacy, Government of India, from time to time.
(3) In the matter of appointment, priority shall be given to those eligible candidates who possess the minimum qualifications as specified by the National Council for Teacher Education and thereafter, the eligible candidates with the relaxed qualification specified by the Ministry of Human Resource Development, Department of School Education and Literacy, Government of India, may be considered, and if candidates with relaxed qualifications are considered as teachers, such teachers under the relaxed qualification norms shall be appointed with an undertaking to acquire the minimum qualifications specified in the National Council for Teacher Education within a period of 2 years from the date of appointment.
Note 1. – Any candidate seeking appointment to the post of primary school teacher shall have studied and passed in the specific language as the first or the second language in the Higher Secondary Level or equivalent for which medium of instruction, the candidate is seeking appointment:
Provided that in case of Santhali as medium of instruction, the candidate shall only be required to possess proficiency of reading, writing and speaking in Santhali. Here, Santhali means Santhali in Ol-Chiki Script. It shall not be obligatory for the candidates seeking appointment to the post of primary school teacher in Santhali medium schools to have passed in the specific language as the first or the second language in the Higher Secondary Level or its equivalent for which medium of instruction, the candidate is seeking appointment.
Note 2.- In case of the certificate issued by the authority other than the West Bengal Council of Higher Secondary Education, the said certificate issuing authority shall either be set up as a statutory authority or the said certificate issuing authority shall be authorized by the Government of India or by the State Government of the concerned State, as the case may be, for issuing Higher Secondary Level certificates.
Note 3.- All candidates must have studied and obtained Madhyamik (Secondary) Pass Certificate or its equivalent with Mathematics and English as subjects.
Note 4.- The equivalent of Madhyamik certificate means the said certificate issuing authority shall either be set up on the basis of provisions of a legislation passed by the Government of India or by the State Government of the concerned State and or as the said statutory authority must be authorized by the Government of India or by the State Government of the concerned State, as the case may be, for issuing Secondary Level certificates.
Note 5.- The decision of State Government on the question of equivalence shall be final.
Note 6.- Candidates belonging to reserved categories viz. candidates belonging to the Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC-A and OBC-B), Exempted Categories (EC), Ex-Servicemen and for Physically Handicapped (PH) candidates, shall be allowed relaxation up to 5% in the qualifying marks.
Note 7.- The State Government may, by notification, earmark up to 10% of the total posts, with a view to providing adequate representation of the candidates of some categories without disturbing the 100-point roster as notified by the State Government from time to time:
Provided that the qualifications for such categories of candidates shall be the same as mentioned in this rule:
Provided further that notwithstanding anything contained in this rule, the upper age-limit of candidates to be appointed as teachers by earmarking 10% of the total posts with a view to providing adequate representation of the candidates of some categories as mentioned in this note, shall be 55 years of age as on the 1st day of January of the year of the advertisement, shall be considered.
Note 8.- The reservation quota for the candidates belonging to the Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC-A and OBC-B), Exempted Categories (EC), Ex-Servicemen and for Physically Handicapped (PH) candidates, shall be maintained as per the existing reservation rules as framed by the competent authority.
7. Selection Committee.
(1) The Board shall constitute Selection Committee for each district for the purpose of selection of eligible candidates and preparation of panel or panels of such candidates for appointment of teachers in primary schools within the jurisdiction of the Board.
(2) The Selection Committee shall normally function for a period of two years from the date of its first meeting:
Provided that the Board may, during the said period, reconstitute the Committee for the reason to be recorded in writing.
(3) Any member of the Committee, other than an ex-officio member, may resign with one month notice to the Chairman. The Board may remove any member, other than an ex-officio member at any times, subject to the condition that such member has been informed of the reason of his removal and has been given an opportunity of being heard.
8. Procedures of selection.
(1) The Selection Committee shall make prima facie scrutiny of the duly filled application forms submitted by the candidates having qualification as mentioned in rule 6.
(2) The Selection Committee shall call all qualified candidates as mentioned in sub-rule (1), for the viva-voce or interview and Aptitude Test. The performance of the candidates who will be called for viva-voce or interview and Aptitude Test, shall be assessed separately by the Interview Board formed for the specific purpose.
(3) Academic qualifications, training, TET-score, Extra Curricular activities and performance in viva-voce or interview and Aptitude test, shall be computed in the manner as mentioned in Table A below:-
| Sl. No. | Item for evaluation | Maximum Marks |
|---|---|---|
| (i) | Madhyamik pass under the West Bengal Board of Secondary Education or its equivalent | 05 |
| (ii) | Higher Secondary pass under the West Bengal Council of Higher Secondary Education or its equivalent | 10 |
| (iii) | Training as specified by NCTE | 15 |
| (iv) | Teacher Eligibility Test (TET) | 05 |
| (v) | Extra Curricular Activities | 05 |
| (vi) | Viva- Voce or Interview | 05 |
| (vii) | Aptitude Test | 05 |
| Total | 50 |
Note 1.- The percentage of marks obtained by the candidate in the Madhyamik Examination or its equivalent excluding additional marks, if any, shall be reduced proportionately to marks obtained out of 5.
Note 2.- The percentage of marks obtained by the candidate in the Higher Secondary Examination or its equivalent excluding additional marks, if any, shall be reduced proportionately to marks obtained out of 10.
Note 3.- The percentage of marks obtained by the candidate in the relevant Teacher Training shall be reduced proportionately to marks obtained out of 15.
Note 4.- The percentage of marks obtained by the candidate in the TET Examination shall be reduced proportionately to marks obtained out of 5.
Note 5.- Marks out of maximum five (5) Marks shall be awarded to the candidates in the Extra Curriculum Activities on the following Extra Curriculum Activities
| 1 | Games and Sports | 1 |
| 2 | National Cadet Corps (NCC) | 1 |
| 3 | Arts and Literature | 1 |
| 4 | Performing Art (Drama) | 1 |
| 5 | Music | 1 |
| Total | 5 |
(4) The marks shall be allotted as follows:-
(a) a certificate of representation in the State/National/Intemational level. Games or Sports issued by the Competent State Government or Central Government Authorities or agencies, shall be awarded (01) mark;
(b) Minimum ‘A’ certificate of National Cadet Corps (NCC) shall be awarded (01) mark;
(c) a certificate that any essay, story, short story, drama, poetry written by the candidate selected for publication in State Level or National Newspaper or Magazine (Certificate alongwith a copy of publication shall be submitted), shall be awarded (01) mark;
(d) a certificate that the candidate has obtained proficiency in Performing Art (Drama) issued by National School of Drama or by the State Government or Central Government shall be awarded (01) mark;
(e) a certificate that the candidate has obtained proficiency in Music or Instrumental Music issued by the State Government or Central Government shall be awarded (01) mark.
(5) The Selection Committee shall prepare separate district-wise panels as per procedure below:-
(a) a panel of all selected candidates in a district, namely, unreserved Category comprising of the names of the candidates belonging to General Category and reserved candidates of Scheduled Caste Category, Scheduled Tribe Category, OBC Category-A, OBC Category-B and PH Category serially according to descending order of merit as per existing vacancies medium wise;
(b) a panel of selected reserved category candidates in a district, namely, Scheduled Castes, Scheduled Tribes, OBC Category-A, OBC Category-B and Physically Handicapped (PH) candidates in the respective category as per statutory reservation rules, from amongst the remaining candidates of such categories, serially according to descending order of merit as per existing vacancies medium wise;
(c) a panel of selected candidates belonging to Exempted Category, Ex-servicemen and Physically Handicapped (PH) in a district, separate panels category wise, for vacancies reserved for the respective categories;
(d) an alternative set of panel of selected candidates for each category in a district serially according to descending order of merit as per existing vacancy medium wise;
Note.- Such an alternative set of panel of selected candidates for each category in a district shall be prepared for the purpose of providing option to the reserved category candidates during counselling to opt for posting as per position in unreserved category or as per position in the reserved category.
(6) An additional panel of 5% of General, Scheduled Castes, Scheduled Tribes, OBC Category-A and OBC Category-B, Exempted Category, Ex-Servicemen and Physically Handicapped candidates shall be prepared in the same manner as referred to in sub-rule 4(d):
Provided that additional panel of General Category shall not include the candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes category. However, in case of appointment to the post of General Category from additional panel, if any reserved candidate secures higher marks than the candidate belonging to General Category in the left out merit list then the said reserved candidate shall be selected for appointment:
Provided further that in case of non-availability of suitable qualified Ex-servicemen candidates belonging to General, Scheduled Castes, Scheduled Tribes and Other Backward Classes, the said vacancy of Exempted Category candidates shall be filled up by non-exempted category candidates belonging to General, Scheduled Castes, Scheduled Tribes, and Other Backward Classes, as the case may be:
Provided also that in case of non-availability of suitable qualified Exempted-Category(EC) candidates belonging to General, Scheduled Castes, Scheduled Tribes and OBC Category-A and OBC Category-B, the said vacancy shall be filled up by non Ex-Servicemen candidates belonging to General, Scheduled Castes, Scheduled Tribes and Other Backward Classes, as the case may be.
(7) While preparing the panels mentioned in sub-rule (4) and sub-rule (5) for any category for appointment to the post of Primary School Teachers, two sets of panels shall be prepared, one for the Trained Candidates and other for the un-trained Candidates in each category.
(8) Notwithstanding anything contained in any of these rules, the Selection Committee shall at first divide all the candidates who will be found eligible after the interview into two categories. Trained and Untrained and thereafter, panels (district-wise) shall be made.
(9) A bunch of all trained c