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The U.P. Secondary Education Services Commission (Removal of Difficulties) (Fifth) Order, 1983

Published Vide Notification No. Ma-3557/15-7-5(2)-75, dated 13.7.1983.

UP198


1. Short title and commencement. - (1) Third Order may be called the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Fifth) Order, 1983.

(2) It shall come into force at once.

2. Regulation of appointments. - (1) Any person who, -

(i) was appointed as teacher or a head of institution in a High School or Intermediate College, maintained by Zila Parishads on or before July 10, 1981 without following prescribed procedure; and

(ii) possessed requisite prescribed qualifications shall be considered for regular appointment in permanent or temporary vacancy as may be available on the basis of his record and suitability.

(2) For the purpose of paragraph (1) the appointing authority shall constitute a Selection Committee comprising three members including an officer of the Education Department, not below the rank of Deputy' Director of Education, nominated by the Director of Education and consultation with the Commission shall not be necessary.

(3) The appointing authority shall prepare a list of candidates and place it before the selection committee alongwith their character rolls and such other records pertaining to them as may be considered necessary. The selection committee may, if it considers proper, interview the candidates also.

(4) The selection committee shall recommend such candidates for regular appointment as it may consider suitable.

(5) A teacher or head of institution who is found suitable shall be deemed to be appointed in a substantive capacity -

(a) in case the appointment was initially made in a clear vacancy, from the date of appointment;

(b) in case the appointment was initially made in a leave vacancy or a vacancy, occurring for a part of the sessions from the date when such vacancy assumed the character of dear vacancy;

(c) in case the appointment was initially made on a post, the creation of which was sanctioned subsequently by a competent authority in that behalf from the date of such sanction;

(d) in case he did not possess the prescribed qualification at the time of initial appointment, from the date of acquisition of such qualification.

(6) If any teacher or head of institution is found to be unsuitable, his case shall be referred to the Government and the decision of the Government shall be final.

(7) The appointing authority shall issue formal letter of appointment indicating the date with effect from which the teacher or head of institution shall be deemed to have been substantively appointed.

(8) The services of persons who are not found suitable by the selection committee under para (4) or by the Government under para (6) shall be terminated forthwith and on such termination they shall be entitled to receive one month's pay.

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