EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 716 CUTTACK, TUESDAY, APRIL 9, 2019/CHAITRA 19, 1941

SCHOOL & MASS EDUCATION DEPARTMENT

NOTIFICATION

The 8th March, 2019

No.5754– SME-EL2-EL2-0036/2018/SME.— In exercise of the powers conferred by

the proviso to Article 309 of the Constitution of India, the Governor of Odisha hereby

makes the following rules further to amend the Odisha Elementary Education (Method of

recruitment and conditions of Service of Teachers and Officers) Rules, 1997 namely:—

1. (1) These rules may be called the Odisha Elementary Education (Method of

recruitment and conditions of Service of Teachers and Officers) Amendment Rules, 2019.

(2) The Odisha Elementary Education (Method of recruitment and conditions of

Service of Teachers and Officers) Amendment Rules, 2019 shall come into force from the

date of their publication in the Odisha Gazette.

2. In the Odisha Elementary Education (Method of Recruitment and Conditions of

Service of Teachers and Officers) Rules, 1997 (hereinafter referred to as the said rule), in

rule 2, in sub-rule- (1) –

(i) for clause (a), the following clause shall be substituted, namely:—

"Ex-Service man" means a person as defined in the Odisha Ex- Servicemen

(Recruitment to State Civil Services and Posts) Rules, 1985.

(ii) in clause (b), after word and figure “rule 5”, the word and figure “and rule

6” shall be inserted.

(iii) in clause (f), after the words Assistant Teachers and before the words

Headmasters or Headmistress of the Government Primary and Upper Primary

Schools, the words "Senior Teachers, Graduate Teachers" shall be inserted and

after the words Headmasters or Headmistress of the Government Primary and

Upper Primary Schools and before the words Assistant Block Education Officers,

the words and expression “Senior Headmaster or Headmistress of Government

Primary Schools as the case may be” shall be inserted and for the words “Addl.

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District Education Officer”, the words “Senior Block Education Officer” shall be

substituted.

(iv) after clause (l), following clauses shall be inserted, namely:—

(l –a) “Persons with Disabilities” means persons who have been granted

with disability certificates by Competent Authority as per the provisions of the

Rights of Persons with Disability Act, 2016 (No. 49 of 2016);

(l-b) “SEBC” means the Socially and Educationally Backward Classes of

citizens as defined in clause (a) of Section 2 of the Odisha State Commission

Backward Classes Act, 1993;

(l-c)

“Sportsmen” means persons who have been issued identity card as

sportsmen by the Director, Sports as decided by the Government from time

to time.

3. In the said rules, in rule-3,—

“(a) for sub-rule (1), the following sub-rule shall be substituted, namely:—

“(1) The service shall comprise of following Levels, namely:—

(i) The Odisha Elementary Education Service, Level-V (A)

(ii) The Odisha Elementary Education Service, Level-V (B)

(iii) The Odisha Elementary Education Service, Level-IV

(iv) The Odisha Elementary Education Service, Level-Ill

(v) The Odisha Elementary Education Service, Level-II

(vi) The Odisha Elementary Education Service, Level-I

(vii) The Odisha Elementary Education Service, Level-I (Senior)”

(b) In sub-rule (2), -

(i)

for clause- (i) the following clause shall be substituted, namely:—

“(i) The Odisha Elementary Education Service, Level-V (A) shall

consist of the post of Assistant Teachers of Government Primary

Schools and Assistant Teachers of Government Upper Primary

Schools”.

(ii) after clause (i), the following clause (1-a) shall be inserted, namely:—

“(1-a) The Odisha Elementary Education Service, Level-V (B) shall

consist of the post of Senior Teachers of Government Primary Schools

and Senior Teachers of Government Upper Primary Schools”.

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(iii) for clause-(ii), the following clause shall be substituted, namely:—

“the Odisha Elementary Education Service, Level-IV shall consist of

the following categories of posts, namely:—

(a) Headmasters or Headmistresses, as the case may be of

Government Primary Schools;

(b) Graduate Teachers of Upper Primary Schools"

(iv) for clause (iii) after sub-clause (a), the following sub-clause shall be

inserted, namely:—

“(a-i) Senior Headmaster or Headmistress of Government Primary

Schools".

(v) for clause (vi) the words “Additional District Education Officer” shall be

substituted by the words “Senior Block Education Officer”

4. In the said rules, in rule 4:—

(a) in sub-rule (1) after the words “belonging to” and before the words and

expression “Level-IV”, the words and expression “Level-V (A) and Level-V

(B)” shall be inserted,

5. In the said rules, in rule 6:—

(a) In sub-rule (1), in clause (a), for the word and expression “Level-V” shall

be the substituted by the word and expression “Level-V(A)” and for the

words “Block Education Officer”, the words “Senior Block Education

Officer or Block Education Officer” shall be substituted.

(b) In sub-rule (1), in clause (a), after sub-clause (v), the following proviso

shall be inserted, namely :—

“Provided that the concerned Senior Block Education Officer / the Block

Education Officer shall issue appointment order to the Junior Teacher

selected by the committee for absorption as Assistant Teacher, Level-V

(A).

(c) In sub-rule (1), in clause (c), after the words “Public Service Commission”,

the following words and expression shall be, inserted :—

(i) along with the posts of Odisha Education Service-II (School Branch).

For direct recruitment, the rules governing the method of recruitment in

respect of Odisha Education Service-II (School Branch) officers shall be

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applicable. Existing Elementary Cadre Teachers having required

qualification to be given scope to participate in the competitive

examination with age relaxation of five years.

(d) In sub-rule (1), in clause (d), the following shall be substituted, namely:—

“The post of Senior Block Education Officer or such other post, shall be

filled up by way of promotion from the members of Level-I of the service

as per the decision of the State Government.”

(e) in sub-rule (1), in clause (d), for sub-rule (1-a) the following shall be

substituted, namely:—

(1-a) Vacancies in the posts belonging to Level-V(B), IV, III, II, I and I

(Senior) shall be filled up by way of promotion.

6. In the said rules, in rule-9, —

(a) for sub- rule (1), the following sub-rule shall be substituted, namely:—

“(1) The committee within their respective power shall draw up lists of all

eligible candidates for promotion, as the case may be, from Level-V(A)

to Level- V(B), Level-V(B) to Level-IV, Level-IV to Level-Ill, Level-Ill to

Level-II, Level-II to Level-I and Level-I to Level-I (Senior) of the service”.

(b) for sub-rule (5), for the following sub-rule shall be substituted, namely:—

“(5) After its approval by the Director, Elementary Education for

promotion from Level-V(A) to Level-V(B), Level-V(B) to Level-IV and

Level-IV to Level-III of the service, the District Education Officer shall

make necessary allotment to the Senior Block Education Officer or

Block Education Officer and for issue of appointment orders.”

7. In the said rules, in rule-11, —

(a) for sub-rule (1), the following sub-rule shall be substituted, namely:—

“(1) In order to be eligible for promotion to the posts belonging Level-V

(B) of the service, the candidate must have served for a continuous

period of four years in the posts belonging to Level-V(A) of the service.

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Provided that –

(i) 50% of the vacancies shall be filled up by the candidates having

passed High School Certificate or Higher Secondary (10+2)

Examination or Graduation with Secondary Teachers Training/

Certified Teachers Course/Diploma in Elementary Education from any

recognized Board or University or equivalent thereof and have passed

Odisha Teachers Eligibility Test-I (for candidates engaged as Sikshya

Sahayak or Junior Teacher (Contractual) against the advertisement

published after 11.02.2011).

(ii) 50% of the vacancies shall be filled up by the candidates possessing a

Bachelor Degree in any discipline with Secondary Teachers Training/

Certified Teachers Course/ Diploma in Elementary Education or

Bachelor in Education or an equivalent examination and training

course from a recognized Board or University and having passed

Odisha Teachers Eligibility Test-II (for candidates engaged as Sikshya

Sahayak or Junior Teacher (Contractual) against the advertisement

published after 11.02.2011).”

(b) for sub-rule (2), the following sub-rule shall be substituted, namely:—

"(2) (i) In order to be eligible for promotion to the post of Headmaster/

Headmistress of the Government Primary Schools in Level-IV of the

service, candidate must have passed High School Certificate or Higher

Secondary (+2) Examination or Graduation with Secondary Teachers'

Training/ Certified Teachers Course/ Diploma in Elementary Education

or Bachelor in Education and must have served for a continuous period

of two years in the posts belonging to Level-V(B) of the service.

(ii) In order to be eligible for promotion to the post of Graduate

Teachers in Government Upper Primary Schools in Level-IV of the

service, a candidate must have possessed a Bachelor Degree in any

discipline or an equivalent examination with Secondary Teachers'

Training or Certified Teachers Course or Diploma in Elementary

Education or a Bachelor in Education and must have served for a

continuous period of two years in the posts belonging to Level-V(B) of

the service:

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Provided that in case of non-availability of adequate number of persons

for promotion to Level-IV of the service, six years of service in Level-V(A) and

V(B) shall be taken together for consideration of promotion but must have

rendered at least one year service in Level-V (B).”

(c) for sub-rule (3), the following sub-rule shall be substituted, namely:—

“(3)(i) In order to be eligible for promotion to the post of Senior

Headmaster in Govt. Primary School in Level-Ill of the service, a

candidate must have passed High School Certificate or Higher

Secondary (+2) Examination or Bachelor Degree in any discipline with

Secondary Teachers 'Training or Certified Teachers Course or Diploma

in Elementary Education or Bachelor in Education or an equivalent

examination and must have served for a continuous period of two years

in the post of Headmaster of Government Primary School belonging to

Level-IV of the service".

(ii)In order to be eligible for promotion to the post of Headmaster in

Government Upper Primary School in Level-Ill of the service, a

candidate must have obtained a Bachelor Degree in any discipline with

Secondary Teachers' Training or Certified Teachers Course or Diploma

in Elementary Education or Bachelor in Education or any equivalent

examination and must have served for a continuous period of two years

in the post of Graduate Teacher belonging to Level-IV of the service".

(d) for sub-rule (4), the following sub-rule shall be substituted, namely:—

“(4) In order to be eligible for promotion to the post of Assistant Block

Education Officer in Level-II of the service, a candidate must have

possessed a Bachelor Degree in any discipline or an equivalent

examination with Secondary Teachers' Training or Certified Teachers

Course or Diploma in Elementary Education or a Bachelor in Education

or any equivalent examination and must have served for a continuous

period of two years in the post of Headmaster of Government Upper

Primary School belonging to level-Ill of the service:

(e) for sub-rule (4-a) shall be deleted.

(f) for sub-rule (5), the following sub-rule shall be substituted, namely:—

“(5)In order to be eligible for promotion to the post of Block Education

Officer in Level-I of the service, a candidate must have possessed a

Bachelor Degree in any discipline or an equivalent examination with a

Bachelor in Education and must have served for a

continuous period of two years in the post of Assistant Block Education

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Officer belonging to level-II of the service and must have minimum one

year of service to be rendered prior to superannuation as on the 1st

January of year of convening the Departmental Promotion Committee.

(g) after sub-rule (5), the following sub-rule shall be inserted, namely:—

“(6) In

order to be eligible for promotion to the post of Senior Block

Education Officer or such other post in Level-I (Senior) of the service, a

candidate must have served for a continuous period of two years in the

post of Block Education Officer belonging to Level-I of the service”.

8. In the said rules, in rule 15

(a) in sub-rule (1), in clause (a) “for the words and expression Level-V,

Level-IV and Level-Ill, the words and expression "Level-V(A), Level-

V(B), Level-IV and Level-Ill shall be substituted",

(b) in sub-rule (1), for clause (d), the following clauses shall be substituted,

namely:—

“(d) (1) Separate Gradation list of Assistant Teachers in Level-V(A) of

the service shall be prepared taking into consideration the following

qualification and training.

(i) High School Certificate or Higher Secondary (+2) Examination or

Bachelor Degree in any discipline or equivalent examination with

Secondary Teachers' Training or Certified Teachers Course or

Diploma in Elementary Education and pass in Odisha Teachers

Eligibility Test-I.

(ii) Bachelor Degree in any discipline or an equivalent examination with

Secondary Teachers' Training or Certified Teachers Course or

Diploma in Elementary Education or Bachelor in Education and

pass in Odisha Teachers Eligibility Test –II:

Provided that the teachers appointed against the advertisements

published prior to 11.02.2011 are exempted from passing Odisha Teachers

Eligibility Test-I and Odisha Teachers Eligibility Test -II.

(2) Separate Gradation list of Senior Teachers in Level-V(B) of the service

shall be prepared after taking into consideration the option exercised by the

Senior Teachers, as will be notified, having qualification of Bachelor Degree in

any discipline with Secondary Teachers' Training or Certified Teachers Course

or Diploma in Elementary Education and pass in Odisha Teachers Eligibility

Test-I for considering promotion to Level-IV of the service, provided that such

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Senior Teachers in the Level-V(B) of the service, exercising their option to

become Graduate Teacher, have passed Odisha Teachers Eligibility Test-II.

They shall be placed in the Gradation List of Senior Teachers with Bachelor

Degree below the existing teachers taking into account the date of passing of the

Odisha Teachers Eligibility Test -II as well as the seniority in the merit list

finalized for promotion to the grade of Level-V (B) of the service”.

(c) in sub-rule (1), in clause (d), the sub-clause (iii) shall be deleted.

(d) in sub-rule (6), —

(i) For Explanation-I(a), the following Explanation shall be substituted,

namely:—

“Explanation:-I (a), All existing teachers working in Level-V of the

service, shall be treated as member of Level-V(A) of the service from

the commencement of these rules. The seniority of such teachers

shall be determined with reference to the date of their appointment

as member of Level-V”.

(e) For Explanation-I(b), the following Explanation, shall be substituted,

namely:—

(I-b) The inter se-seniority shall be determined on the basis of the

absorption of Junior Teachers as regular teachers as per the merit list

and this seniority will be taken into consideration while preparing the

gradation list at different levels including the gradation list of Level-Ill

(Upper Primary Headmasters) at Directorate level and all objections to

the gradation list shall be duly examined and finalized by the

Competent Authorities.

ORDER

Ordered that this notification be published in the Extraordinary issue of Odisha

Gazette and copy be supplied to all concerned.

By Order of the Governor

P.K. MOHAPATRA

Principal Secretary to Government

Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10

Ex. Gaz. 47-173+500