P.I.L. ON PERIOD SYSTEM BASED RECRUITMENTS BY SMCs IN HP BY VIJAY KUMAR HEER
To
Honorable Chief Justice,
H.P. High Court, Shimla, HP.
Subject: PIL to have your attention in matter of Period system appointments of Elementary Teachers in Himachal Pradesh through SMCs with many discrepancies in notified policy casuing huge loss of fundamental right of equality and other matters to many unemployed persons in HP
Honorable Chief Justice,
With regards, I want to bring it in your kind notice that the Period system appointments of Elementary Teachers in Himachal Pradesh with many discrepancies has been notified today on 23-07-2012 by H.P. Govt. for which notification Government of Himachal Pradesh. Department of Elementary EducationNo. EDN-C-A(4)-1/2011, dated Shimla-171002, the17th. July, 2012 was also notified earlier. The policy is subjected to recruit the teachers under the new policy called " policy to engage a Teacher(s) through the School Management Committees purely on period basis in Elementary/Higher Education Departments of Himachal Pradesh in Tribal/Difficult Areas" the Department of Elementary Education, HP by notifying it as below:-
RAJPATRA OF HIMACHAL PRADESH GOVT. DATED: 23-07-2012
ADMINISTRATIVE REFORMS DEPARTMENT
NOTIFICATION
Shimla-2, the 19th July, 2012 for
ELEMENTARY EDUCATION DEPARTMENT
NOTIFICATION
Shimla-171002, the 17th July, 2012
No. EDN-C-A(4)-1/2011.—The Governor, Himachal Pradesh is pleased to notify
“policy to engage a Teacher(s) through the School Management Committees purely on period basis
in Elementary/Higher Education Departments of Himachal Pradesh in Tribal/Difficult Areas” as
per Annexure-A.
The said policy shall be applicable with immediate effect.
By order,
Sd/-
Secretary (Education).
__________
Procedure for the appointment of a Teacher by the SMC to the educational Institutions of
Tribal/ Difficult Areas
The School Management Committees of the educational institutions located in the Tribal/Difficult areas have requested to fill up vacant posts of teachers in their schools. The Government is making all efforts to fill up all the vacant posts in the educational institutions in the State but even then some posts in the Tribal/Difficult areas remain vacant due to retirement,transfers, promotions etc. As such the studies of the students suffers badly. Keeping in view the betterment of the study of students in these area, it has been decided by the Government to permit the School Management Committees of educational institution situated in Tribal/Difficult areas as notified by the by the Department of Personnel (Annexure-I), to provide the teachers against vacant post as per the clause 15 of the “Right of Children to Free and Compulsory Education, Himachal Pradesh, Rules 2011” and para 4.19 of the guidelines issued by the Government for the constitution of School Management Committees in the educational institutions under the “Right of Children to Free and Compulsory Education, Himachal Pradesh Act, 2009”.
The Government hereby frames the following procedure for the appointment of teachers
through the SMCs purely on period basis:
1. The SMC of the concerned educational Institution will submit request through the
Head of the Institution to the respective Dy. Director of Education to allow them to provide the teacher against vacant post on period basis. The Head of the Institution will ensure that the teaching posts in his/her school are as per PTR norms. No posts will be filled up excess than PTR/Rationalization norms.
2. The concerned Dy. Director of Education after verifying the vacancies likely posting either on recruitment, transfers, promotion, availability of post as per PTR norms etc. may allow the SMC to provide the eligible teacher on period basis.
3. The concerned SMC of the Primary and Middle Schools will make an open advertisement at the Gram Panchayat/Nagar Panchayat/Urban local are and the SMC of the High and Senior Secondary Schools will make advertisement in all the Panchayats in the Patwar Circle of the concerned area also and ask all eligible candidates to apply within 15 days for said period based assignment.
4. Member of the selection committee will be as under:—
1. President SMC
2. Head of the Institution-cum-Member Secretary of SMC.
3. Subject expert from outside the concerned Institution.
4. Senior most Regular Teacher of the concerned institution. (If the regular Teacher is not available in the concerned institution, the same be called from the adjoining institution).
5. The SMC will conduct an interview and follow distribution of Marks for evaluation during the course of Selection Process as per Annexure-II. Preference will be given to local eligible candidates.
6. After conducting the interview, the President of the SMC will declare the result and issue order of assignment to the eligible candidate(s).
7. The Head of the Institution after verifying all the credentials, which include educational certificates as per R & P Rules and instructions issued by the Government, character certificates issued by the competent authority etc. will accept the joining of the said candidate(s).
8. The Head of the Institutions will ensure that no ineligible candidate joins the educational institution for teaching the students on period basis. If, it is found that the Head of Institution has permitted an ineligible candidate, the disciplinary action will be initiated against him/her as per the CCS (CCA) Conduct Rules, 1964.
9. The Head of the Institutions ensure that the services of the said SMC provided
teachers will automatically be terminated as and when regular/contract teacher appointed/transferred by the Government joins against the said post or after completion of the academic session of the institution, whichever is earlier.
10. In the next academic session, a fresh selection process will be conducted. In no case, the SMC provided teacher earlier be allowed to be continue after completion of academic session nor after the joining of regular / contract teacher appointed by the Government.
11. The Grant-in-Aid is permissible only in favour of those Teachers, who have been provided by the SMCs after following these terms and conditions only.
12. The Grant-in-Aid will be released by the Government to the SMCs only against the vacant posts of PGTs, TGTs, LTs, Shastris, JBTs only. No GIA will be released against any other posts.
13. The amount of Grant-in-Aid to a SMC in respect of a Teacher engaged on period basis shall be calculated / provided by the Government in the following manners:—
1. (i) PGT Rs. 150/- per period (for 10+1 and 10+2 classes.)
(ii) PGT Rs. 100/- per period (for 9th and 10th Classes.)
2. TGT Rs. 100/- per period.
3. LT Rs. 75/- per period.
4. Shastri Rs. 75/- per period.
5. JBTs Rs. 75/- per period.
14. Limit of Grant—The per month amount of GIA to a SMC provided teacher will not exceed the following limit:—
1. PGT Rs. 6000/- PM
2. TGT Rs. 6000/- PM
3. LT Rs. 4500/- PM
4. Shastri Rs. 4500/- PM
4. JBTs Rs. 3500/- PM
Any access amount, if any, will be born by the SMC of the concerned institute.
15. The Grant-in-Aid will be given by the Government only to the SMCs constituted in
those institutions located in the Tribal/Difficult areas.
16. The Grant-in-Aid given by the Government for this purpose will be not be incurred
for other purposes/works.
17. Application for Grant-in-Aid.—The SMC, after providing the teacher on the period
basis, submit an application for grant-in-aid in Form-I. Character/antecedents of
such teachers verified by a Gazetted Government officer should be enclosed with the
application. Further, the request for grant in respect of teachers provided should be
accompanied by a certificate from the Head of Institution to the effect that the work
and conduct of the teachers was satisfactory. In case the educational institution does
not have a regular Head of Institution, the request for grant should be accompanied
by certificates from the teacher of the institution carrying out the functions of Head
of Institution.
18. Non-admissibility during vacations/Holidays.—No grant shall be admissible to
SMCs for teachers made available during the period of vacations/Holidays, unless specifically
allowed by the Dy. Director of Education (Concerned) for reasons to be recorded in writing.
The Tribal/Difficult Areas shall be as under, as notified by the Government:—
1. District Lahaul & Spiti.
2. Pangi and Bharmour Sub Division of Chamba District.
3. Dodra Kawar Area of Rohru Sub Division.
4. Pandrah Bis Pargana, Munish Darkali and Gram Panchayat Kashapat, Gram
Panchayats of Rampur Tehsil of District Shimla.
5. Pandrah Bis Pargana of Kullu District.
6. Bara Bhangal Areas of Baijnath Sub Division of Kangra District.
7. District Kinnaur.
8. Kathwar and Korga Patwar circles of Kamrau Sub Tehsil, Bhaladh Bhalona and
Sangna Patwar Circles of Renukaji Tehsil and Kota Pab Patwar Circle of Shillai
Ttehsil, in Sirmour District.
9. Khanyol-Bagra Patwar Circle of Karsog Tehsil, Gada Gussaini, Mathyani, Ghanyar,
Thachi, Baggi, Somgad and Kholanal of Bali-Chowki Sub Tehsil, Jharwar, Kutgarh,
Graman, Devgarh, Trailla, Ropa, Kathog, Silh-Badhwani, Hastpur, Ghamrebar and
Bhatehar Patwar Circle of Padhar Tehsil, Chiuni, Kalipar, Mangarh, Thach-Bagra,
North Magru and South Magru Patwar Circles of Thunag Tehsil and Batwara Patwar
circle of Sunder Nagar Tehsil in Mandi District.
Annexure-II
Distribution of Marks* for evaluation of SMCs during
the course of Selection Process
Sr.No. Qualification PGT TGT LT / Shastri JBT
1 Matric - - 5 5
2. 10+2 - 5 5 5
3 Graduation/ Shastri 10 10 10 10
4 B.Ed for PGT/TGT, JBT Certificate for JBT posts. 10 10 10
5 Post-Graduation 10 5 10 -
6 TET - 10 10 10
7 Ph.D 10
8 (a) Permanent resident of the concerned Panchayat where the Primary / Middle School Located 10* 10* 10*
8 (b) Permanent resident of the concerned Patwar Circle where the High / Senior Secondary School Located 10*
9 Interview 10 10 10 10
60 60 60 60
• The marks above will be awarded as proportion to the marks scored in the concerned examination.
• 10* marks will be given to the candidates belonging to the concerned Panchayat in respect of Primary and Middle Schools and concerned Patwar Circle in respect of High and Senior Secondary School where the institution is located.
Form-I
From:
School Management Committee
Government School To
Deputy Director (Higher Education)/(Elementary Education) District, HP.
Dated the ,2012
Sub:- Request for grant-in-aid.
Sir/Madam,
We are to bring to your kind attention that the SMC has provided teacher(s) as per details below for imparting education to the students of Government School:-
Sr. Name of teacher Month/Year during No. of Periods Amount paid
No. which teaching imparted to the teacher
imparted
2. Copy/copies of character/antecedents of the teachers attested by a Gazetted Government officers is/are enclosed.
3. Certificate(s) from the (Designation of Head of the Institution) of above cited school regarding work and conduct of the teachers provided is also enclosed.
5. We may please be sanctioned grant-in-aid at your earliest convenience.
Yours faithfully
NOTIFICATION ISSUED BY H.P. EDUCATION DEPARTMENT ON 17-07-2012
Government of Himachal Pradesh. Department of Elementary Education
No. EDN-C-A(4)-1/2011, dated Shimla-171002, the 17th. July, 2012
Notification
The Governor, Himachal Pradesh is pleased to notify " policy to engage a Teacher(s) through the School Management Committees purely on period basis in Elementary/Higher Education Departments of Himachal Pradesh in Tribal/Difficult Areas" as per Annexure-A.
The said policy shall be applicable with immediate effect.
By order,
Secretary (Education) to the Government of Himachal Pradesh
Endst. No. As above dated Shimla-171002, the July, 2012
Copy forwarded to:-
1. The Secretary to the Governor, Himachal Pradesh, Shimla-2.
I. The Pr. Secretary to C.M., HP, Shimla-2.
3 The Private Secretary to Hon'ble C.M., HP, Shimla-2.
4 The PS to the Hon'ble Education Minister , HP, Shimla-2.
5 The Private Secretary to Chief Secretary to the Govt. of ,HP, Shimla-2.
6. All the Administrative Secretaries to the Govt. of HP, Shimla-2.
7. All the Deputy Commissioners, Himachal Pradesh.
8. The Accountant General, Himachal Pradesh, Shimla-3.
9. The Secretary (GAD) to the Govt. of HP, Shimla-2 w.r.t. Item No. 20 of meeting of CMM, dated 27-06-2012 for information.
10. The Director, Elementary Education, HP, Shimla-1.
II. The Director, Higher Education, Himachal Pradesh, Shimla-1.
12. All the Dy. Director, Elementary Education, Himachal Pradesh.
13. All the Dy. Director, Higher Education, Himachal Pradesh.
14. The Controller , Printing and Stationery, HP, Shimla-5 for publication in Rajpatra immediately.
15. Section Officer, Education A & B Section, HP Sectt., Shimla-2.
16. Guard file.
Sd/-
Deputy Secretary (Education) to the Government of Himachal Pradesh
Institutions of Tribal/ Difficult Areas.
The School Management Committees of the educational institutions located in the Tribal/Difficult areas have requested to fill up vacant posts of teachers in their schools. The Government is making all efforts to fill up all the vacant posts in the educational institutions in the State but even then some posts in the Tribal/Difficult areas remain vacant due to retirement, transfers, promotions etc. As such the studies of the students suffers badly. Keeping in view the betterment of the study of students in these area, it has been decided by the Government to permit the School Management Committees of educational institution situated in Tribal/Difficult areas as notified by the by the Department of Personnel (Annexure-I), to provide the teachers against vacant post as per the clause 15 of the "Right of Children to Free and Compulsory Education, Himachal Pradesh, Rules 2011" and para 4.19 of the guidelines issued by the Government for the constitution of School Management Committees in the educational institutions under the "Right of Children to Free and Compulsory Education, Himachal Pradesh Act, 2009".
The Government hereby frames the following procedure for the appointment of teachers through the SMCs purely on period basis:
1. The SMC of the concerned educational Institution will submit request through the Head of the Institution to the respective Dy. Director of Education to allow them to provide the teacher against vacant post on period basis. The Head of the Institution will ensure that the teaching posts in his / her school are as per PTR norms. No posts will be filled up excess than PTR / Rationalization norms.
2. The concerned Dy. Director of Education after verifying the vacancies likely posting either on recruitment, transfers, promotion, availability of post as per PTR norms etc. may allow the SMC to provide the eligible teacher on period basis.
3. The concerned SMC of the Primary and Middle Schools will make an open advertisement at the Gram Panchayat / Nagar Panchayat / Urban local are and the SMC of the High and Senior Secondary Schools will make advertisement in all the Panchayats in the Patwar Circle of the concerned area also and ask all eligible candidates to apply within 15 days for said period based assignment.
4. Member of the selection committee will be as under:-
1 President SMC
2. Head of the Institution-cum-Member Secretary of
SMC.
3. Subject expert from outside the concerned Institution.
4. Senior most Regular Teacher of the concerned institution. (If the regular Teacher is not available in the concerned institution, the same be called from the adjoining institution)
5. The SMC will conduct an interview and follow distribution of Marks for evaluation during the course of Selection Process as per Annexure-II. Preference will be given to local eligible candidates.
6. After conducting the interview, the President of the SMC will declare the result and issue order of assignment to the eligible candidate(s).
7. The Head of the Institution after verifying all the credentials, which include educational certificates as per R & P Rules and instructions issued by the Government, character certificates issued by the competent authority etc. will accept the joining of the said candidate(s).
8. The Head of the Institutions will ensure that no ineligible candidate joins the educational institution for teaching the students on period basis. If, it is found that the Head of Institution has permitted an ineligible candidate, the disciplinary action will be initiated against him / her as per
the CCS (CCA) Conduct Rules, 1964.
9. The Head of the Institutions ensure that the services of the said SMC provided teachers will automatically be terminated as and when regular / contract teacher appointed / transferred by the Government joins against the said post or after completion of the academic session of the institution, whichever is earlier.
10. In the next academic session, a fresh selection process will be conducted. In no case, the SMC provided teacher earlier be allowed to be continue after completion of academic session nor after the joining of regular / contract teacher appointed by the Government.
11. The Grant-in-Aid is permissible only in favour of those Teachers, who have been provided by the SMCs after following these terms and conditions only.
12. The Grant-in-Aid will be released by the Government to the SMCs only
against the vacant posts of PGTs, TGTs, LTs, Shastris, JBTs only. No GIA will be released against any other posts.
13. The amount of Grant-in-Aid to a SMC in respect of a Teacher engaged on period basis shall be calculated / provided by the Government in the following manners:-
1 (i)PGT Rs.150/-per period (for 10+1 and 10+2
classes.)
(ii)PGT Rs.100/-per period (for 9th and 10th Classes.)
2. TGT Rs.100/-per period.
3. LT Rs.75/-per period. 4.Shastri Rs.75/-per period. 4.JBTs Rs.75/- per period.
14. Limit of Grant- The per month amount of GIA to a SMC provided teacher will not exceed the following limit:-
1 PGT Rs.6000/- PM
2. TGT Rs.6000/-PM
3. LT Rs.4500/-PM 4.Shastri Rs. 4500/-PM 4.JBTs Rs. 3500/-PM
Any access amount, if any, will be born by the SMC of the concerned institute.
15 The Grant-in-Aid will be given by the Government only to the SMCs constituted in those institutions located in the Tribal / Difficult areas.
16. The Grant-in-Aid given by the Government for this purpose will be not be incurred for other purposes / works.
17. Application for Grant-in-Aid.- The SMC, after providing the teacher on
the period basis, submit an application for grant-in-aid in Form-I. Character/antecedents of such teachers verified by a Gazetted Government officer should be enclosed with the application. Further, the request for grant in respect of teachers provided should be accompanied by a certificate from the Head of Institution to the effect that the work and conduct of the teachers was satisfactory. In case the educational institution does not have a regular Head of Institution, the request for grant should be accompanied by certificates from the teacher of the institution carrying out the functions of Head of Institution.
18. Non-admissibility during vacations/Holidays:- No grant shall be admissible to SMCs for teachers made available during the period of vacations/Holidays, unless specifically allowed by the Dy. Director of Education (Concerned) for reasons to be recorded in writing.
****Annexure-I
The Tribal / Difficult Areas shall be as under, as notified by the Government:-
1. District Lahaul & Spiti.
2. Pangi and Bharmour Sub Division of Chamba District.
3. Dodra Kawar Area of Rohru Sub Division.
4. Pandrah Bis Pargana, Munish Darkali and Gram Panchayat Kashapat, Gram Panchayats of Rampur Tehsil of District Shimla
5. Pandrah Bis Pargana of Kullu District.
6. Bara Bhangal Areas of Baijnath Sub Division of Kangra District.
7. District Kinnaur.
8. Kathwar and Korga Patwar circles of Kamrau Sub Tehsil, Bhaladh Bhalona and Sangna Patwar Circles of Renukaji Tehsil and Kota Pab Patwar Circle of Shillai Ttehsil, in Sirmour District.
9. Khanyol-Bagra Patwar Circle of Karsog Tehsil, Gada Gussaini, Mathyani, Ghanyar, Thachi, Baggi, Somgad and Kholanal of Bali-Chowki Sub Tehsil, Jharwar, Kutgarh, Graman, Devgarh, Trailla, Ropa, Kathog, Silh-Badhwani, Hastpur, Ghamrebar and Bhatehar Patwar Circle of Padhar Tehsil, Chiuni, Kalipar, Mangarh, Thach-Bagra, North Magru and South Magru Patwar Circles of Thunag Tehsil and Batwara Patwar circle of Sunder Nagar Tehsil in Mandi District.
Annexure-II
Distribution of Marks* for evaluation of SMCs during the course of Selection Process
Sr.No. Qualification PGT TGT LT / Shastri JBT
1 Matric - - 5 5
2. 10+2 - 5 5 5
3 Graduation/ Shastri 10 10 10 10
4 B.Ed for PGT/TGT, JBT Certificate for JBT posts. 10 10 10
5 Post-Graduation 10 5 10 -
6 TET - 10 10 10
7 Ph.D 10
8 (a) Permanent resident of the concerned Panchayat where the Primary / Middle School Located 10* 10* 10*
8 (b) Permanent resident of the concerned Patwar Circle where the High / Senior Secondary School Located 10*
9 Interview 10 10 10 10
60 60 60 60
• The marks above will be awarded as proportion to the marks scored in the concerned examination.
• 10* marks will be given to the candidates belonging to the concerned Panchayat in respect of Primary and Middle Schools and concerned Patwar Circle in respect of High and Senior Secondary School where the institution is located.
POINTS OF OBJECTIONS RAISED AGAINST THE POLICY NOTIFIED AND DEVELOPED RECENTLY FOR APPOINTMENTS OF ELEMENTARY TEACHERS
1. SMC has been given the power to appoint the persons to appoint any eligible candidate from the Permanent resident of the concerned Patwar/Panchayat Circle where the High / Senior Secondary School Located by allotting him 10 extra marks in the selection procedure which is a clear violation the fundamental right of equality .As the constitution of India Article 15 says: {Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth}
1. The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
2. No citizen shall, on ground only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to -
a. access to shops, public restaurants, hotels and places of public entertainment; or
b. the use of wells, tanks, bathing ghats, roads and places of public resort maintained whole or partly out of State funds or dedicated to the use of general public.
3. Nothing in this article shall prevent the State from making any special provision for women and children.
4. Nothing in this article or in clause (2) or article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
It is worthy to note that the 10 marks to be issued to the candidates by SMC(School Management Committees) are based upon the residence in the particular Patwar/Panchayat Circle which will give them 10% marks and of course, all the persons residing out of that Patwar/Panchayat Circle will not get these marks , however, they are also the residents of same hill state having maximum rural areas . The name of hard or rural areas cannot be made the base of giving 10 extra marks the local applicants for the said posts to be filled under SMC interviews because thousands of employees of lower HP have served in these hard tribal areas till date and thousands are serving if they were given equal opportunity for the same job, but the place of birth has been made more important in this regard. Why the state govt. cannot allow whole state unemployed candidates possessing minimum qualification required for the said post and no extra marks to be given on the basis of residence in the particular rural area because needy persons serve where they are appointed.If Govt. is unable to transfer / appoint the persons in these areas, it should make very strict rules in this regard and also ensure its compliance but if the 11 districts are disqualified due to the residential status marks, what is the significance of our fundamental rights? Fundamental Right mentioned in our constitutions article 16(1) &16(2) has been breached clearly which is enough to reform the said policy: See the law:-
Article 16 {Equality of opportunity in matters of public employment}
1. There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
2. No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
3. Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment.
4. Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
(4A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.
5. Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination
It is also worthy to note that the interviews of the teachers to be conducted by the SMCs of Difficult/Tribal areas cannot be attended by many candidates even if they apply for that because the said schools are not easily accessible, transport services are a few and are based on climate in the area. If three or more SMCs organize the interviews same day, many candidates will be able to attend the single one only and of course, the information of vacant posts to be filled by SMCs may also not come in notice of may unemployed persons and if they want to apply, they will have to select any two districts because the process is rapid due to forthcoming elections and SMCs will be in hurry to appoint their favourites like PTA teachers recruitment in HP who have not passed even TET, no reservation was applied in their appointments and the said PTA( now known as SMC under RTE Act 2009) appointed teachers are also serving on Grant in Aid basis . All the flaws and shortcomings of the PTA recruitments are visible in this system.
(2) The policy made by the state govt. is also not in compliance to the provision 16(4) because state govt. has not notified any type of reservation in the said 6000 posts of the elementary teachers in the state. As the recruitment is going to be done in the rural/tribal areas, the reservation must be applied as per the rules of the state govt. and latest verdicts by Honble. Supreme Court, but by giving the policy a name of " policy to engage a Teacher(s) through the School Management Committees purely on period basis in Elementary/Higher Education Departments of Himachal Pradesh in Tribal/Difficult Areas", we cannot say that the need of roster and reservation ends as the number of posts is 6000 which is not a small number and need of reservation may not be ingnored.
(3) TET has been made mandatory for appointment in the elementary schools under RTE act which has been notified by NCTE in its letter no. 76-4/2010-NCTE/Acad Dated: 11-02-2012 is clear enough to say that TET in mendatory for appointment on elementary teachers posts, but engagement instead of the appointment on the said posts will have 10 marks priority to appoint/engage the TET qualified youths, it is clear that TET qualified youths will be selected if available and as per the above paras, it clear that such TET pass candidates will get priority of more 10 marks if they are local. Hence, the provision of local marks makes it useless for others to try on basis of TET as if a single candidate if local area has passed TET, he/she will be appointed.As far as 10 marks of Ph.D. are concerned, JBTs/LTs/Shastri candidates having Ph.D. degree will not get even a single mark for having that highest possible qualification which is a clear injustice to the Highly Qualified persons searching for jobs in Elementary Schools because their Ph.D. is considered as useless by the said policy makers. What will be the loss to Elementary Schools in difficult/tribal areas if Highly Qualified persons get appointed ? In Japan, most of Primary Teachers are M.Phil or Ph.D. But not allotting 10 marks of Ph.D. for said posts under Elementary Education department indicates that the highly qualified youths are not having any value in this department. Hence, necessary corrigendum may made as number of Highly Qualified unemployed youths are increasing day by day in the state.
(4) There is huge number of unemployed persons having good academic qualification in HP. Almost 50000 B.Ed. and 3000 JBT, 2000 LT and 1700 shastris(estimated data) course pass candidates are having the minimum required qualification for jobs. The policy of batchwise recruitment is fair and justified which gives preference to senior unemployed persons and give equal opportunity to all instead of residence in any Panchayat/Patwar Circle which cannot be considered as cadre for appointments/recruitments/selections etc. Whole state is one and all unemployeds must get equal opportunity of appointment.
TET may be relaxed by the state govt. in case the required teachers are not available. As per the RTE act provision 23(2), it may be noted in context of qualification and eligibility criteria of the said act that:-
23. (1) Any person possessing such minimum qualifications, as laid down by an
academic authority, authorised by the Central Government, by notification, shall be eligible for appointment as a teacher.
(2) Where a State does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications as laid down under sub-section (1) are not available in sufficient numbers, the Central Government may, if it deems necessary, by notification, relax the minimum qualifications required for appointment as a teacher, for such period, not exceeding five years, as may be specified in that notification:
Provided that a teacher who, at the commencement of this Act, does not possess minimum qualifications as laid down under sub-section (1), shall acquire such minimum qualifications within a period of five years.
As more than 2600 JBTs are unemployed in the state and waiting for jobs for last 18 months , it is useless to recruit other candidates on the said post.As per the earlier verdict of HP High Court, JBT training is a part of employment in the state, but these needy candidates were announced to be given jobs in August, 2011 which was delayed in implementation be Department of Elementary Education from August 2011 to Feb. 2012 and then the notification of making TET mandatory was issued and hence, their appointments were stopped. There are more than 1500 vacant posts of JBTs in the state and these JBTs may be appointed by giving a time of three years to qualify the TET , failing to which their appointments may be terminated like the recruitment done by Haryana Govt. But the state govt. is not issuing appointments to these needy unemployed persons on merit base while 500 posts of the JBTs will be engaged by period system based teachers’ appointments. If the Department is in hurry, why it is not appointing the candidates whom the state govt. had announced the jobs. Appointing them will be the more fast and reliable policy which may be done on academic merit and merit in JBT course. As the TET for JBTs is to be done next month, why SMC based appointments on the said posts may be done while the TET qualified JBTs will be available within two months. If Govt. and Department are now worried about schools lacking staff in Govt. Primary Schools, why it did not show such hurry last year to appoint these JBTs and not even yet when they agitated for two months in Shimla. The worry of Code of Conduct may be the concern, but the appointments to be given to these JBTs was the cabinet decision of last year which may be implemented any time now. Hence, appointing and then terminating unemployed within a month under new policy for JBTs may not be applied and direct recruitments via counseling may be done by selecting the persons on merit and interest on serving in these areas basis(if it is good ).Hence, the period system based appointments may not be done on JBT posts and conditional appointments may be done to JBTs. A cabinet decision has been disobeyed by not appointing the JBTs in time and hence, no more torture should be done to the unemployed JBTs as there were 985 single teacher, 5969 schools having only two teachers staff (2009-10) means 65% Govt. Primary Schools in high need of adequate staff which is an enemy of quality education. If state education department would have shown the same hurry, all schools would have got staff last year and unemployed youth would not have suffered for one more year. But further delay in their appointments and a barricade of their substitute in schools is of no use because local candidates 10 marks are equal to the JBT qualification based 10 marks and hence, SMC may also award maximum marks to the non JBT candidates which will ruin the future of trained JBTs who have passed JBT course from DIETs and Pvt. Recognized Colleges.
In light of the above facts, I want to have your kind attention to amend the policy of the SMC based teachers’ period based engagements in the schools
(5) SMC means School Management Committees have not been identified as eligible agency for recruitments/engagements of teachers in Govt. Schools by NCTE and MHRD and even RTE Bill 2009 has also not issued any such powers to SMCs. When HPSSB, HPPSC, Dept. of Higher Education and Dept. of Elementary Education are there, why these SMCs should appoint /engage the teachers which has no such experience and knowledge of interview process required for appointment of teachers etc. The subject expert word in the notification has also not been elaborated and its minimum criteria have also not fixed to ensure that the person called by SMC as subject expert is actually as subject expert or not. The engagement of teachers must be done through any appropriate teachers’ recruitment agency. It is further suggested that HP should make HP Education Recruitment Commission etc. like Tamilnadu which should conduct the whole work of teachers’ recruitments than giving its responsibility to SMC whose president may be even an illiterate guy because RTE act has not fixed any minimum qualification for becoming SMC President. Any person whose child is reading in concerned school, may fight election for SMC posts and may win. It can make that person a representative of the parents of students studying in the school , but not eligible enough to recruit a teacher and see the validity of institutions/recognition status of the universities /board/institution from which the candidates have qualified the said required degree/diploma/course. In context of the fake marksheets found in HP and many such cases of fake marksheets/invalid institution based certificates, SMC and even other members are not aware enough to judge the reality while the document verification of such teachers may not occur as the record will be kept by SMCs.Hence, any Hightech youth can cheat them. What is the use of such recruitment where the possibility of frauds are more than enough.
In light of the above, please act appropriately and amend the entire policy according to the given suggestions and objections raised in public and unemployed persons’ interest in HP. Please act immediately as the recruitment process is starting next month.
Thanking with regards,
Date: 23-07-2012 Yours sincerely,
Vijay Kumar Heer, State President
Himachal Shiskahk KrantiManch, HP
V.P.O. Chakmoh, Tehsil Barsar,
Distt. Hamirpur, HP- 176039
Email : heervj@gmail.com
Honorable Chief Justice,
H.P. High Court, Shimla, HP.
Subject: PIL to have your attention in matter of Period system appointments of Elementary Teachers in Himachal Pradesh through SMCs with many discrepancies in notified policy casuing huge loss of fundamental right of equality and other matters to many unemployed persons in HP
Honorable Chief Justice,
With regards, I want to bring it in your kind notice that the Period system appointments of Elementary Teachers in Himachal Pradesh with many discrepancies has been notified today on 23-07-2012 by H.P. Govt. for which notification Government of Himachal Pradesh. Department of Elementary EducationNo. EDN-C-A(4)-1/2011, dated Shimla-171002, the17th. July, 2012 was also notified earlier. The policy is subjected to recruit the teachers under the new policy called " policy to engage a Teacher(s) through the School Management Committees purely on period basis in Elementary/Higher Education Departments of Himachal Pradesh in Tribal/Difficult Areas" the Department of Elementary Education, HP by notifying it as below:-
RAJPATRA OF HIMACHAL PRADESH GOVT. DATED: 23-07-2012
ADMINISTRATIVE REFORMS DEPARTMENT
NOTIFICATION
Shimla-2, the 19th July, 2012 for
ELEMENTARY EDUCATION DEPARTMENT
NOTIFICATION
Shimla-171002, the 17th July, 2012
No. EDN-C-A(4)-1/2011.—The Governor, Himachal Pradesh is pleased to notify
“policy to engage a Teacher(s) through the School Management Committees purely on period basis
in Elementary/Higher Education Departments of Himachal Pradesh in Tribal/Difficult Areas” as
per Annexure-A.
The said policy shall be applicable with immediate effect.
By order,
Sd/-
Secretary (Education).
__________
Procedure for the appointment of a Teacher by the SMC to the educational Institutions of
Tribal/ Difficult Areas
The School Management Committees of the educational institutions located in the Tribal/Difficult areas have requested to fill up vacant posts of teachers in their schools. The Government is making all efforts to fill up all the vacant posts in the educational institutions in the State but even then some posts in the Tribal/Difficult areas remain vacant due to retirement,transfers, promotions etc. As such the studies of the students suffers badly. Keeping in view the betterment of the study of students in these area, it has been decided by the Government to permit the School Management Committees of educational institution situated in Tribal/Difficult areas as notified by the by the Department of Personnel (Annexure-I), to provide the teachers against vacant post as per the clause 15 of the “Right of Children to Free and Compulsory Education, Himachal Pradesh, Rules 2011” and para 4.19 of the guidelines issued by the Government for the constitution of School Management Committees in the educational institutions under the “Right of Children to Free and Compulsory Education, Himachal Pradesh Act, 2009”.
The Government hereby frames the following procedure for the appointment of teachers
through the SMCs purely on period basis:
1. The SMC of the concerned educational Institution will submit request through the
Head of the Institution to the respective Dy. Director of Education to allow them to provide the teacher against vacant post on period basis. The Head of the Institution will ensure that the teaching posts in his/her school are as per PTR norms. No posts will be filled up excess than PTR/Rationalization norms.
2. The concerned Dy. Director of Education after verifying the vacancies likely posting either on recruitment, transfers, promotion, availability of post as per PTR norms etc. may allow the SMC to provide the eligible teacher on period basis.
3. The concerned SMC of the Primary and Middle Schools will make an open advertisement at the Gram Panchayat/Nagar Panchayat/Urban local are and the SMC of the High and Senior Secondary Schools will make advertisement in all the Panchayats in the Patwar Circle of the concerned area also and ask all eligible candidates to apply within 15 days for said period based assignment.
4. Member of the selection committee will be as under:—
1. President SMC
2. Head of the Institution-cum-Member Secretary of SMC.
3. Subject expert from outside the concerned Institution.
4. Senior most Regular Teacher of the concerned institution. (If the regular Teacher is not available in the concerned institution, the same be called from the adjoining institution).
5. The SMC will conduct an interview and follow distribution of Marks for evaluation during the course of Selection Process as per Annexure-II. Preference will be given to local eligible candidates.
6. After conducting the interview, the President of the SMC will declare the result and issue order of assignment to the eligible candidate(s).
7. The Head of the Institution after verifying all the credentials, which include educational certificates as per R & P Rules and instructions issued by the Government, character certificates issued by the competent authority etc. will accept the joining of the said candidate(s).
8. The Head of the Institutions will ensure that no ineligible candidate joins the educational institution for teaching the students on period basis. If, it is found that the Head of Institution has permitted an ineligible candidate, the disciplinary action will be initiated against him/her as per the CCS (CCA) Conduct Rules, 1964.
9. The Head of the Institutions ensure that the services of the said SMC provided
teachers will automatically be terminated as and when regular/contract teacher appointed/transferred by the Government joins against the said post or after completion of the academic session of the institution, whichever is earlier.
10. In the next academic session, a fresh selection process will be conducted. In no case, the SMC provided teacher earlier be allowed to be continue after completion of academic session nor after the joining of regular / contract teacher appointed by the Government.
11. The Grant-in-Aid is permissible only in favour of those Teachers, who have been provided by the SMCs after following these terms and conditions only.
12. The Grant-in-Aid will be released by the Government to the SMCs only against the vacant posts of PGTs, TGTs, LTs, Shastris, JBTs only. No GIA will be released against any other posts.
13. The amount of Grant-in-Aid to a SMC in respect of a Teacher engaged on period basis shall be calculated / provided by the Government in the following manners:—
1. (i) PGT Rs. 150/- per period (for 10+1 and 10+2 classes.)
(ii) PGT Rs. 100/- per period (for 9th and 10th Classes.)
2. TGT Rs. 100/- per period.
3. LT Rs. 75/- per period.
4. Shastri Rs. 75/- per period.
5. JBTs Rs. 75/- per period.
14. Limit of Grant—The per month amount of GIA to a SMC provided teacher will not exceed the following limit:—
1. PGT Rs. 6000/- PM
2. TGT Rs. 6000/- PM
3. LT Rs. 4500/- PM
4. Shastri Rs. 4500/- PM
4. JBTs Rs. 3500/- PM
Any access amount, if any, will be born by the SMC of the concerned institute.
15. The Grant-in-Aid will be given by the Government only to the SMCs constituted in
those institutions located in the Tribal/Difficult areas.
16. The Grant-in-Aid given by the Government for this purpose will be not be incurred
for other purposes/works.
17. Application for Grant-in-Aid.—The SMC, after providing the teacher on the period
basis, submit an application for grant-in-aid in Form-I. Character/antecedents of
such teachers verified by a Gazetted Government officer should be enclosed with the
application. Further, the request for grant in respect of teachers provided should be
accompanied by a certificate from the Head of Institution to the effect that the work
and conduct of the teachers was satisfactory. In case the educational institution does
not have a regular Head of Institution, the request for grant should be accompanied
by certificates from the teacher of the institution carrying out the functions of Head
of Institution.
18. Non-admissibility during vacations/Holidays.—No grant shall be admissible to
SMCs for teachers made available during the period of vacations/Holidays, unless specifically
allowed by the Dy. Director of Education (Concerned) for reasons to be recorded in writing.
The Tribal/Difficult Areas shall be as under, as notified by the Government:—
1. District Lahaul & Spiti.
2. Pangi and Bharmour Sub Division of Chamba District.
3. Dodra Kawar Area of Rohru Sub Division.
4. Pandrah Bis Pargana, Munish Darkali and Gram Panchayat Kashapat, Gram
Panchayats of Rampur Tehsil of District Shimla.
5. Pandrah Bis Pargana of Kullu District.
6. Bara Bhangal Areas of Baijnath Sub Division of Kangra District.
7. District Kinnaur.
8. Kathwar and Korga Patwar circles of Kamrau Sub Tehsil, Bhaladh Bhalona and
Sangna Patwar Circles of Renukaji Tehsil and Kota Pab Patwar Circle of Shillai
Ttehsil, in Sirmour District.
9. Khanyol-Bagra Patwar Circle of Karsog Tehsil, Gada Gussaini, Mathyani, Ghanyar,
Thachi, Baggi, Somgad and Kholanal of Bali-Chowki Sub Tehsil, Jharwar, Kutgarh,
Graman, Devgarh, Trailla, Ropa, Kathog, Silh-Badhwani, Hastpur, Ghamrebar and
Bhatehar Patwar Circle of Padhar Tehsil, Chiuni, Kalipar, Mangarh, Thach-Bagra,
North Magru and South Magru Patwar Circles of Thunag Tehsil and Batwara Patwar
circle of Sunder Nagar Tehsil in Mandi District.
Annexure-II
Distribution of Marks* for evaluation of SMCs during
the course of Selection Process
Sr.No. Qualification PGT TGT LT / Shastri JBT
1 Matric - - 5 5
2. 10+2 - 5 5 5
3 Graduation/ Shastri 10 10 10 10
4 B.Ed for PGT/TGT, JBT Certificate for JBT posts. 10 10 10
5 Post-Graduation 10 5 10 -
6 TET - 10 10 10
7 Ph.D 10
8 (a) Permanent resident of the concerned Panchayat where the Primary / Middle School Located 10* 10* 10*
8 (b) Permanent resident of the concerned Patwar Circle where the High / Senior Secondary School Located 10*
9 Interview 10 10 10 10
60 60 60 60
• The marks above will be awarded as proportion to the marks scored in the concerned examination.
• 10* marks will be given to the candidates belonging to the concerned Panchayat in respect of Primary and Middle Schools and concerned Patwar Circle in respect of High and Senior Secondary School where the institution is located.
Form-I
From:
School Management Committee
Government School To
Deputy Director (Higher Education)/(Elementary Education) District, HP.
Dated the ,2012
Sub:- Request for grant-in-aid.
Sir/Madam,
We are to bring to your kind attention that the SMC has provided teacher(s) as per details below for imparting education to the students of Government School:-
Sr. Name of teacher Month/Year during No. of Periods Amount paid
No. which teaching imparted to the teacher
imparted
2. Copy/copies of character/antecedents of the teachers attested by a Gazetted Government officers is/are enclosed.
3. Certificate(s) from the (Designation of Head of the Institution) of above cited school regarding work and conduct of the teachers provided is also enclosed.
5. We may please be sanctioned grant-in-aid at your earliest convenience.
Yours faithfully
NOTIFICATION ISSUED BY H.P. EDUCATION DEPARTMENT ON 17-07-2012
Government of Himachal Pradesh. Department of Elementary Education
No. EDN-C-A(4)-1/2011, dated Shimla-171002, the 17th. July, 2012
Notification
The Governor, Himachal Pradesh is pleased to notify " policy to engage a Teacher(s) through the School Management Committees purely on period basis in Elementary/Higher Education Departments of Himachal Pradesh in Tribal/Difficult Areas" as per Annexure-A.
The said policy shall be applicable with immediate effect.
By order,
Secretary (Education) to the Government of Himachal Pradesh
Endst. No. As above dated Shimla-171002, the July, 2012
Copy forwarded to:-
1. The Secretary to the Governor, Himachal Pradesh, Shimla-2.
I. The Pr. Secretary to C.M., HP, Shimla-2.
3 The Private Secretary to Hon'ble C.M., HP, Shimla-2.
4 The PS to the Hon'ble Education Minister , HP, Shimla-2.
5 The Private Secretary to Chief Secretary to the Govt. of ,HP, Shimla-2.
6. All the Administrative Secretaries to the Govt. of HP, Shimla-2.
7. All the Deputy Commissioners, Himachal Pradesh.
8. The Accountant General, Himachal Pradesh, Shimla-3.
9. The Secretary (GAD) to the Govt. of HP, Shimla-2 w.r.t. Item No. 20 of meeting of CMM, dated 27-06-2012 for information.
10. The Director, Elementary Education, HP, Shimla-1.
II. The Director, Higher Education, Himachal Pradesh, Shimla-1.
12. All the Dy. Director, Elementary Education, Himachal Pradesh.
13. All the Dy. Director, Higher Education, Himachal Pradesh.
14. The Controller , Printing and Stationery, HP, Shimla-5 for publication in Rajpatra immediately.
15. Section Officer, Education A & B Section, HP Sectt., Shimla-2.
16. Guard file.
Sd/-
Deputy Secretary (Education) to the Government of Himachal Pradesh
Institutions of Tribal/ Difficult Areas.
The School Management Committees of the educational institutions located in the Tribal/Difficult areas have requested to fill up vacant posts of teachers in their schools. The Government is making all efforts to fill up all the vacant posts in the educational institutions in the State but even then some posts in the Tribal/Difficult areas remain vacant due to retirement, transfers, promotions etc. As such the studies of the students suffers badly. Keeping in view the betterment of the study of students in these area, it has been decided by the Government to permit the School Management Committees of educational institution situated in Tribal/Difficult areas as notified by the by the Department of Personnel (Annexure-I), to provide the teachers against vacant post as per the clause 15 of the "Right of Children to Free and Compulsory Education, Himachal Pradesh, Rules 2011" and para 4.19 of the guidelines issued by the Government for the constitution of School Management Committees in the educational institutions under the "Right of Children to Free and Compulsory Education, Himachal Pradesh Act, 2009".
The Government hereby frames the following procedure for the appointment of teachers through the SMCs purely on period basis:
1. The SMC of the concerned educational Institution will submit request through the Head of the Institution to the respective Dy. Director of Education to allow them to provide the teacher against vacant post on period basis. The Head of the Institution will ensure that the teaching posts in his / her school are as per PTR norms. No posts will be filled up excess than PTR / Rationalization norms.
2. The concerned Dy. Director of Education after verifying the vacancies likely posting either on recruitment, transfers, promotion, availability of post as per PTR norms etc. may allow the SMC to provide the eligible teacher on period basis.
3. The concerned SMC of the Primary and Middle Schools will make an open advertisement at the Gram Panchayat / Nagar Panchayat / Urban local are and the SMC of the High and Senior Secondary Schools will make advertisement in all the Panchayats in the Patwar Circle of the concerned area also and ask all eligible candidates to apply within 15 days for said period based assignment.
4. Member of the selection committee will be as under:-
1 President SMC
2. Head of the Institution-cum-Member Secretary of
SMC.
3. Subject expert from outside the concerned Institution.
4. Senior most Regular Teacher of the concerned institution. (If the regular Teacher is not available in the concerned institution, the same be called from the adjoining institution)
5. The SMC will conduct an interview and follow distribution of Marks for evaluation during the course of Selection Process as per Annexure-II. Preference will be given to local eligible candidates.
6. After conducting the interview, the President of the SMC will declare the result and issue order of assignment to the eligible candidate(s).
7. The Head of the Institution after verifying all the credentials, which include educational certificates as per R & P Rules and instructions issued by the Government, character certificates issued by the competent authority etc. will accept the joining of the said candidate(s).
8. The Head of the Institutions will ensure that no ineligible candidate joins the educational institution for teaching the students on period basis. If, it is found that the Head of Institution has permitted an ineligible candidate, the disciplinary action will be initiated against him / her as per
the CCS (CCA) Conduct Rules, 1964.
9. The Head of the Institutions ensure that the services of the said SMC provided teachers will automatically be terminated as and when regular / contract teacher appointed / transferred by the Government joins against the said post or after completion of the academic session of the institution, whichever is earlier.
10. In the next academic session, a fresh selection process will be conducted. In no case, the SMC provided teacher earlier be allowed to be continue after completion of academic session nor after the joining of regular / contract teacher appointed by the Government.
11. The Grant-in-Aid is permissible only in favour of those Teachers, who have been provided by the SMCs after following these terms and conditions only.
12. The Grant-in-Aid will be released by the Government to the SMCs only
against the vacant posts of PGTs, TGTs, LTs, Shastris, JBTs only. No GIA will be released against any other posts.
13. The amount of Grant-in-Aid to a SMC in respect of a Teacher engaged on period basis shall be calculated / provided by the Government in the following manners:-
1 (i)PGT Rs.150/-per period (for 10+1 and 10+2
classes.)
(ii)PGT Rs.100/-per period (for 9th and 10th Classes.)
2. TGT Rs.100/-per period.
3. LT Rs.75/-per period. 4.Shastri Rs.75/-per period. 4.JBTs Rs.75/- per period.
14. Limit of Grant- The per month amount of GIA to a SMC provided teacher will not exceed the following limit:-
1 PGT Rs.6000/- PM
2. TGT Rs.6000/-PM
3. LT Rs.4500/-PM 4.Shastri Rs. 4500/-PM 4.JBTs Rs. 3500/-PM
Any access amount, if any, will be born by the SMC of the concerned institute.
15 The Grant-in-Aid will be given by the Government only to the SMCs constituted in those institutions located in the Tribal / Difficult areas.
16. The Grant-in-Aid given by the Government for this purpose will be not be incurred for other purposes / works.
17. Application for Grant-in-Aid.- The SMC, after providing the teacher on
the period basis, submit an application for grant-in-aid in Form-I. Character/antecedents of such teachers verified by a Gazetted Government officer should be enclosed with the application. Further, the request for grant in respect of teachers provided should be accompanied by a certificate from the Head of Institution to the effect that the work and conduct of the teachers was satisfactory. In case the educational institution does not have a regular Head of Institution, the request for grant should be accompanied by certificates from the teacher of the institution carrying out the functions of Head of Institution.
18. Non-admissibility during vacations/Holidays:- No grant shall be admissible to SMCs for teachers made available during the period of vacations/Holidays, unless specifically allowed by the Dy. Director of Education (Concerned) for reasons to be recorded in writing.
****Annexure-I
The Tribal / Difficult Areas shall be as under, as notified by the Government:-
1. District Lahaul & Spiti.
2. Pangi and Bharmour Sub Division of Chamba District.
3. Dodra Kawar Area of Rohru Sub Division.
4. Pandrah Bis Pargana, Munish Darkali and Gram Panchayat Kashapat, Gram Panchayats of Rampur Tehsil of District Shimla
5. Pandrah Bis Pargana of Kullu District.
6. Bara Bhangal Areas of Baijnath Sub Division of Kangra District.
7. District Kinnaur.
8. Kathwar and Korga Patwar circles of Kamrau Sub Tehsil, Bhaladh Bhalona and Sangna Patwar Circles of Renukaji Tehsil and Kota Pab Patwar Circle of Shillai Ttehsil, in Sirmour District.
9. Khanyol-Bagra Patwar Circle of Karsog Tehsil, Gada Gussaini, Mathyani, Ghanyar, Thachi, Baggi, Somgad and Kholanal of Bali-Chowki Sub Tehsil, Jharwar, Kutgarh, Graman, Devgarh, Trailla, Ropa, Kathog, Silh-Badhwani, Hastpur, Ghamrebar and Bhatehar Patwar Circle of Padhar Tehsil, Chiuni, Kalipar, Mangarh, Thach-Bagra, North Magru and South Magru Patwar Circles of Thunag Tehsil and Batwara Patwar circle of Sunder Nagar Tehsil in Mandi District.
Annexure-II
Distribution of Marks* for evaluation of SMCs during the course of Selection Process
Sr.No. Qualification PGT TGT LT / Shastri JBT
1 Matric - - 5 5
2. 10+2 - 5 5 5
3 Graduation/ Shastri 10 10 10 10
4 B.Ed for PGT/TGT, JBT Certificate for JBT posts. 10 10 10
5 Post-Graduation 10 5 10 -
6 TET - 10 10 10
7 Ph.D 10
8 (a) Permanent resident of the concerned Panchayat where the Primary / Middle School Located 10* 10* 10*
8 (b) Permanent resident of the concerned Patwar Circle where the High / Senior Secondary School Located 10*
9 Interview 10 10 10 10
60 60 60 60
• The marks above will be awarded as proportion to the marks scored in the concerned examination.
• 10* marks will be given to the candidates belonging to the concerned Panchayat in respect of Primary and Middle Schools and concerned Patwar Circle in respect of High and Senior Secondary School where the institution is located.
POINTS OF OBJECTIONS RAISED AGAINST THE POLICY NOTIFIED AND DEVELOPED RECENTLY FOR APPOINTMENTS OF ELEMENTARY TEACHERS
1. SMC has been given the power to appoint the persons to appoint any eligible candidate from the Permanent resident of the concerned Patwar/Panchayat Circle where the High / Senior Secondary School Located by allotting him 10 extra marks in the selection procedure which is a clear violation the fundamental right of equality .As the constitution of India Article 15 says: {Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth}
1. The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
2. No citizen shall, on ground only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to -
a. access to shops, public restaurants, hotels and places of public entertainment; or
b. the use of wells, tanks, bathing ghats, roads and places of public resort maintained whole or partly out of State funds or dedicated to the use of general public.
3. Nothing in this article shall prevent the State from making any special provision for women and children.
4. Nothing in this article or in clause (2) or article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
It is worthy to note that the 10 marks to be issued to the candidates by SMC(School Management Committees) are based upon the residence in the particular Patwar/Panchayat Circle which will give them 10% marks and of course, all the persons residing out of that Patwar/Panchayat Circle will not get these marks , however, they are also the residents of same hill state having maximum rural areas . The name of hard or rural areas cannot be made the base of giving 10 extra marks the local applicants for the said posts to be filled under SMC interviews because thousands of employees of lower HP have served in these hard tribal areas till date and thousands are serving if they were given equal opportunity for the same job, but the place of birth has been made more important in this regard. Why the state govt. cannot allow whole state unemployed candidates possessing minimum qualification required for the said post and no extra marks to be given on the basis of residence in the particular rural area because needy persons serve where they are appointed.If Govt. is unable to transfer / appoint the persons in these areas, it should make very strict rules in this regard and also ensure its compliance but if the 11 districts are disqualified due to the residential status marks, what is the significance of our fundamental rights? Fundamental Right mentioned in our constitutions article 16(1) &16(2) has been breached clearly which is enough to reform the said policy: See the law:-
Article 16 {Equality of opportunity in matters of public employment}
1. There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
2. No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
3. Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment.
4. Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
(4A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.
5. Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination
It is also worthy to note that the interviews of the teachers to be conducted by the SMCs of Difficult/Tribal areas cannot be attended by many candidates even if they apply for that because the said schools are not easily accessible, transport services are a few and are based on climate in the area. If three or more SMCs organize the interviews same day, many candidates will be able to attend the single one only and of course, the information of vacant posts to be filled by SMCs may also not come in notice of may unemployed persons and if they want to apply, they will have to select any two districts because the process is rapid due to forthcoming elections and SMCs will be in hurry to appoint their favourites like PTA teachers recruitment in HP who have not passed even TET, no reservation was applied in their appointments and the said PTA( now known as SMC under RTE Act 2009) appointed teachers are also serving on Grant in Aid basis . All the flaws and shortcomings of the PTA recruitments are visible in this system.
(2) The policy made by the state govt. is also not in compliance to the provision 16(4) because state govt. has not notified any type of reservation in the said 6000 posts of the elementary teachers in the state. As the recruitment is going to be done in the rural/tribal areas, the reservation must be applied as per the rules of the state govt. and latest verdicts by Honble. Supreme Court, but by giving the policy a name of " policy to engage a Teacher(s) through the School Management Committees purely on period basis in Elementary/Higher Education Departments of Himachal Pradesh in Tribal/Difficult Areas", we cannot say that the need of roster and reservation ends as the number of posts is 6000 which is not a small number and need of reservation may not be ingnored.
(3) TET has been made mandatory for appointment in the elementary schools under RTE act which has been notified by NCTE in its letter no. 76-4/2010-NCTE/Acad Dated: 11-02-2012 is clear enough to say that TET in mendatory for appointment on elementary teachers posts, but engagement instead of the appointment on the said posts will have 10 marks priority to appoint/engage the TET qualified youths, it is clear that TET qualified youths will be selected if available and as per the above paras, it clear that such TET pass candidates will get priority of more 10 marks if they are local. Hence, the provision of local marks makes it useless for others to try on basis of TET as if a single candidate if local area has passed TET, he/she will be appointed.As far as 10 marks of Ph.D. are concerned, JBTs/LTs/Shastri candidates having Ph.D. degree will not get even a single mark for having that highest possible qualification which is a clear injustice to the Highly Qualified persons searching for jobs in Elementary Schools because their Ph.D. is considered as useless by the said policy makers. What will be the loss to Elementary Schools in difficult/tribal areas if Highly Qualified persons get appointed ? In Japan, most of Primary Teachers are M.Phil or Ph.D. But not allotting 10 marks of Ph.D. for said posts under Elementary Education department indicates that the highly qualified youths are not having any value in this department. Hence, necessary corrigendum may made as number of Highly Qualified unemployed youths are increasing day by day in the state.
(4) There is huge number of unemployed persons having good academic qualification in HP. Almost 50000 B.Ed. and 3000 JBT, 2000 LT and 1700 shastris(estimated data) course pass candidates are having the minimum required qualification for jobs. The policy of batchwise recruitment is fair and justified which gives preference to senior unemployed persons and give equal opportunity to all instead of residence in any Panchayat/Patwar Circle which cannot be considered as cadre for appointments/recruitments/selections etc. Whole state is one and all unemployeds must get equal opportunity of appointment.
TET may be relaxed by the state govt. in case the required teachers are not available. As per the RTE act provision 23(2), it may be noted in context of qualification and eligibility criteria of the said act that:-
23. (1) Any person possessing such minimum qualifications, as laid down by an
academic authority, authorised by the Central Government, by notification, shall be eligible for appointment as a teacher.
(2) Where a State does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications as laid down under sub-section (1) are not available in sufficient numbers, the Central Government may, if it deems necessary, by notification, relax the minimum qualifications required for appointment as a teacher, for such period, not exceeding five years, as may be specified in that notification:
Provided that a teacher who, at the commencement of this Act, does not possess minimum qualifications as laid down under sub-section (1), shall acquire such minimum qualifications within a period of five years.
As more than 2600 JBTs are unemployed in the state and waiting for jobs for last 18 months , it is useless to recruit other candidates on the said post.As per the earlier verdict of HP High Court, JBT training is a part of employment in the state, but these needy candidates were announced to be given jobs in August, 2011 which was delayed in implementation be Department of Elementary Education from August 2011 to Feb. 2012 and then the notification of making TET mandatory was issued and hence, their appointments were stopped. There are more than 1500 vacant posts of JBTs in the state and these JBTs may be appointed by giving a time of three years to qualify the TET , failing to which their appointments may be terminated like the recruitment done by Haryana Govt. But the state govt. is not issuing appointments to these needy unemployed persons on merit base while 500 posts of the JBTs will be engaged by period system based teachers’ appointments. If the Department is in hurry, why it is not appointing the candidates whom the state govt. had announced the jobs. Appointing them will be the more fast and reliable policy which may be done on academic merit and merit in JBT course. As the TET for JBTs is to be done next month, why SMC based appointments on the said posts may be done while the TET qualified JBTs will be available within two months. If Govt. and Department are now worried about schools lacking staff in Govt. Primary Schools, why it did not show such hurry last year to appoint these JBTs and not even yet when they agitated for two months in Shimla. The worry of Code of Conduct may be the concern, but the appointments to be given to these JBTs was the cabinet decision of last year which may be implemented any time now. Hence, appointing and then terminating unemployed within a month under new policy for JBTs may not be applied and direct recruitments via counseling may be done by selecting the persons on merit and interest on serving in these areas basis(if it is good ).Hence, the period system based appointments may not be done on JBT posts and conditional appointments may be done to JBTs. A cabinet decision has been disobeyed by not appointing the JBTs in time and hence, no more torture should be done to the unemployed JBTs as there were 985 single teacher, 5969 schools having only two teachers staff (2009-10) means 65% Govt. Primary Schools in high need of adequate staff which is an enemy of quality education. If state education department would have shown the same hurry, all schools would have got staff last year and unemployed youth would not have suffered for one more year. But further delay in their appointments and a barricade of their substitute in schools is of no use because local candidates 10 marks are equal to the JBT qualification based 10 marks and hence, SMC may also award maximum marks to the non JBT candidates which will ruin the future of trained JBTs who have passed JBT course from DIETs and Pvt. Recognized Colleges.
In light of the above facts, I want to have your kind attention to amend the policy of the SMC based teachers’ period based engagements in the schools
(5) SMC means School Management Committees have not been identified as eligible agency for recruitments/engagements of teachers in Govt. Schools by NCTE and MHRD and even RTE Bill 2009 has also not issued any such powers to SMCs. When HPSSB, HPPSC, Dept. of Higher Education and Dept. of Elementary Education are there, why these SMCs should appoint /engage the teachers which has no such experience and knowledge of interview process required for appointment of teachers etc. The subject expert word in the notification has also not been elaborated and its minimum criteria have also not fixed to ensure that the person called by SMC as subject expert is actually as subject expert or not. The engagement of teachers must be done through any appropriate teachers’ recruitment agency. It is further suggested that HP should make HP Education Recruitment Commission etc. like Tamilnadu which should conduct the whole work of teachers’ recruitments than giving its responsibility to SMC whose president may be even an illiterate guy because RTE act has not fixed any minimum qualification for becoming SMC President. Any person whose child is reading in concerned school, may fight election for SMC posts and may win. It can make that person a representative of the parents of students studying in the school , but not eligible enough to recruit a teacher and see the validity of institutions/recognition status of the universities /board/institution from which the candidates have qualified the said required degree/diploma/course. In context of the fake marksheets found in HP and many such cases of fake marksheets/invalid institution based certificates, SMC and even other members are not aware enough to judge the reality while the document verification of such teachers may not occur as the record will be kept by SMCs.Hence, any Hightech youth can cheat them. What is the use of such recruitment where the possibility of frauds are more than enough.
In light of the above, please act appropriately and amend the entire policy according to the given suggestions and objections raised in public and unemployed persons’ interest in HP. Please act immediately as the recruitment process is starting next month.
Thanking with regards,
Date: 23-07-2012 Yours sincerely,
Vijay Kumar Heer, State President
Himachal Shiskahk KrantiManch, HP
V.P.O. Chakmoh, Tehsil Barsar,
Distt. Hamirpur, HP- 176039
Email : heervj@gmail.com
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