Karnataka State Civil Services (Regulation of Transfer of Principal and Lecturer) Rules, 2022 Draft Rules

(cid:315)(cid:175)ೇಷ (cid:170)ಾಜ(cid:205) ಪ(cid:294)(cid:206)(cid:144)ೆ ¨sÁU À – 4ಎ , 08 , 2022( , 18, , ೧೯೪4) . 226 Part – IV A BENGALURU, FRIDAY, 08, APRIL, 2022( CHAITHRA, 18, SHAKAVARSHA, 1944) No. 226 GOVERNMENT OF KARNATAKA NO. EP 32 TPU 2021 Karnataka Government Secretariat, M.S. Building Bengaluru, Dated:08.04.2022

NOTIFICATION The draft of the following Karnataka State Civil Services (Regulation of Transfer of Principal and Lecturer) Rules, 2022 which the Government of Karnataka proposes to make in exercise of the powers conferred by section 18 of the Karnataka State Civil Services (Regulation of Transfer of Teachers) Act, 2020 (Karnataka Act 04 of 2020) is hereby published as required by sub-section (1) of section 18 of the said Act, for the information of all persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration after fifteen days from the date of its publication in the Official Gazette.

Any objection or suggestion which may be received by the State Government from any person with respect to the said draft before the expiry of the period specified above will be considered by the State Government. Objections and suggestions may be addressed to the Principal Secretary to Government, Education Department (Primary and Secondary), M.S.Building, Bengaluru - 560

001.

DRAFT RULES

1. Title and commencement.-(1) These rules may be called the Karnataka State Civil Services (Regulation of Transfer of Principal and Lecturer) Rules, 2022.

(1)2

(2) They shall come into force from the date of their final publication in the official Gazette.

2. Definitions.-(1) In these rules unless the context otherwise requires,-

(a) ‘Act' means the Karnataka State Civil Services (Regulation of Transfer of Teachers) Act, 2020 (Karnataka Act 04 of 2020);

(b) ‘Child’ means unmarried and dependent child of the Lecturer;

(c) ‘Pupil – Lecturer ratio’ shall mean 160:1 (01 Lecturer per 160 students) for subjects with practical and 320:1 (01 Lecturer per 320 students) for non- practical subjects;

(d) ‘Request Transfer’ means permitting a Lecturer to select place in the zone classified on the basis of student strength as specified in section 6;

(e) ‘Section’ means section of the Act;

(f) ‘Vacant Posts’ means a post of a Principal or Lecturer of a particular subject or cadres specified in the schedule-II of the Act, as the case may be, which is vacant and is required to be filled as per norms specified by the Government from time to time;

(g) ‘Work load’ means number of teaching hours specified per lecturer i.e. 24 hours per week for subjects with practicals and 20 hours for subject without practicals.

For example: Science subjects having two sections with 80 students each will have 08 hours for theory and 16 hours for practical (02 hours per batch of 20 students)

(h) ‘Zone’ means, - following classification on basis of student strength in Pre- University Colleges,- Sl.

Zone Student Strength No.

(i) A 0 to 100

(ii) B 101 to 500 501to 1000

(iii) C 1001 and above

(2) Words and expressions used but not defined in these rules shall have the same meaning assigned to them in the Act.

3. Transfer Process Controlling Officer and Competent Authority.- The Director of Pre University Education Department is the Transfer Process Controlling Officer and the Competent Authority for transfer of Principal and Lecturers.3

4. Weighted Score of a Principal and Lecturer.-

(a) Weighted Score of a Principal or Lecturer for the purpose of transfer = (number of years of service rendered in C Zone X 3) + (number of years of service rendered in B Zone X 2) + (number of years of service rendered in A Zone X 1) + (number of years of service rendered in present college beyond 3 years X 1).

Note: Service of Six months (180 days) and above shall be treated as one full year of service. Service of less than Six months (180 days) shall be treated as Zero year of service.

(b) The weighted score shall be calculated based on the service details of the Principal or Lecturer up to December of the previous year as updated by the concerned Drawing and Disbursing Officer (hereinafter referred as DDO) on Students Achievement Tracking System (SATS) or the Department Portal.

(c) If the weighted score of any two Principal and Lecturers is same then the seniority shall be decided based on date of entry into service. If date of entry into service (as Principal or Lecturer) is also the same, then their seniority shall be decided based on the date of birth.

(d) The department shall under seal and sign of Joint Director (Admin), publish the provisional weighted score of all Principal or Lecturers on second Friday of January every year on its website. All Principal or Lecturer shall have option to apply for correction of their service details in case of any discrepancies in the weighted scores. The application for correction shall be made to the concerned DDO with valid documents. In case of Principal or Lecturer such applications shall be made through respective DDPU. A Principal or Lecturer may also file an objection regarding to the weighted score of other Principal or Lecturer by producing valid documents. The application for correction or objections may be made on or before 31st day of January of that year. No application for correction or objection shall be entertained beyond the last date.

(e) The Joint Director (Admin) or any officer not below the rank of Deputy Director shall verify each application of correction or objection and pass a necessary order by accepting or rejecting the application with valid justifications and publish the same on the departmental website by 15th day4 of February of that year.

(f) After the order is passed by the Joint Director (Admin), he shall publish the final weighted scores on the website. Once the final weighted scores are published, the same shall be freezed till the completion of the transfer process.

(g) If the above process is not being completed in the month of January and February due to unavoidable reasons, the same shall be completed prior to the publication of transfer schedule.

(h) Additional score as per following scale of performance of the colleges where they have worked as Principal or Lecturer during the immediate preceding three years shall be provided,-

For Principal:-

(a) Additional score of ten in case of three year average result of 2nd year Pre University Course being eighty percent or above;

(b) Additional score of five in case of three-year average result of 2nd year Pre University Course being above sixty percent but lower than eighty percent.

For Lecturer:-

(a) Additional score of ten in case of three year average result of 2nd year Pre University Course being eighty percent or above in their teaching subject;

(b) Additional score of five in case of three-year average result of 2nd year Pre University Course being above sixty percent but lower than eighty percent in their teaching subject.

5. Transfer Limits.- The transfer limit specified under sub-section (1) of section 7 of the Act shall be further divided into various category of transfers as follows, namely;- Sl Sub-limit Type of Transfer No 1 Request Transfer (General) Ten Percent (10%) (For Principals) 2 Request Transfer (General) Ten Percent (10%) (For Lecturers) (percentage of the working strength of concerned category of Lecturer in the relevant subject)5

Provided that, the Redeployment and transfer due to Rationalization of Lecturer Transfer (Excess Transfer) and mutual transfers shall not be accounted for the purpose of the sub-limits.

6. Transfer Schedule.- (1) The transfers shall be taken up in the month of April and May of every year.

(2) The Government, on recommendations of the Transfer Process Controlling Officer if deems fit may permit the transfers to be taken up even after the time limit specified in sub-rule (1).

(3) Every year the Transfer Process Controlling Officer shall publish the time table for transfer process having the following major steps, namely:-

(a) Inviting application from Lecturers who were transferred through compulsory transfer during the year 2018-19 (provided in the Act as one time measure only);

(b) Redeployment of sanctioned posts based on pupil Lecturer ratio;

(c) Notification of vacant posts;

(d) Notification of draft list of Lecturers to be transferred under rationalization;

(e) Inviting application for request transfer and exemption from rationalization transfer;

(f) Finalization of list of Lecturers who transferred on compulsory transfer during the year 2018-19;

(g) Finalization of list of Lecturers to be exempted and List of Lecturers to be given priority;

(h) Preparation and Publication of final list of Lecturers to be transferred under rationalization;

(i) Transfer of Lecturers who transferred on compulsory transfer during the year 2018-19;

(j) Transfer of Lecturers under rationalization;

(k) Notification of revised vacant posts along with deemed vacancies;

(l) Request transfers; and

(m) Mutual transfers.6

NOTE: “Redeployment and Rationalization of Lecturers” shall be taken up every alternate year.

7. Special Counseling.- Notwithstanding contained in these rules, before the first transfer process as per the Karnataka State Civil Services (Regulation of Transfer of Teachers) Act, 2020 (Karnataka Act 04 of 2020) the special counseling shall be held in accordance with sub-section (7) of section 10 of the Act. The Lecturers transferred and reported on the basis of Compulsory Transfer held in the year 2018-19 shall be given a place within the unit of seniority. Lecturers must be given a chance to choose place within the unit of seniority as one time measure before all other forms of transfers, subject to the availability of vacancies, in the following manner,-

(1) Authority which conducted Compulsory Transfer in the year 2018-19 shall conduct current counseling process.

(2) Transfer Controlling Officer shall announce (issue) counseling timetable and guidelines.

(3) Before announcing time table, list of available vacancies for Special Counseling shall be announced.

(4) Thereafter, online applications for Special Counseling may be invited from the affected Lecturers as explained in Compulsory Transfer in the year 2018-19.

(5) Affected Lecturers shall have to submit request application for Special Counseling through online.

(6) Applications thus received online shall be serialized as per their seniority on the basis of rules related to counseling order 2018-19 and shall be finalized after receiving objections.

(7) Affected Lecturers shall be counseled based on their serial number in the seniority list. Lecturers shall be given chance to choose place within the unit of seniority.

8. Re-Deployment of Sanctioned post.- Every alternate year the sanctioned posts shall be rationalized college wise depending on the student strength. The excess posts shall be redeployed to needy colleges as per the procedure notified by the Department for this purpose. After the completion of the process, the Director of Pre University Education Department shall issue orders with respect to sanctioned posts in each college for that academic year.7

9. Notification of vacant posts.- After redeployment of posts, the Director of Pre University Education Department shall notify subject wise vacancy position.

10. Notification of draft list of Lecturers to be transferred under Rationalization Transfer.- The draft list of Lecturers to be transferred under Rationalization Transfer shall be notified by the Director of Pre University Education Department. While preparing draft list of Lecturers to be transferred under Rationalization, if a subject post in a college has become excess, then for such post “senior most” Lecturers of that subject working in the college shall be included in the list.

11. Exemptions and Priorities.- (1) Exemptions under rationalization transfers and priority for request transfers shall be complied with the provisions of

section 10.

(2) The certificates to be produced in claim of exemptions and priorities are shall be as follows, namely:- Sl Exemption or Priority claim Supporting documents No 1 Principal or Lecturer or spouse or Certificate from the District child suffering from terminal illness Medical Board or Serious ailments for which treatment is not available within the taluk or Principal or Lecturer or spouse or children having disability of forty percent or more 2 Widow or ‘Widower Principal or Death Certificate of the spouse Lecturer with dependent children’ and Magistrate Affidavit regarding not having remarried 3 Divorcee Principal or Lecturer with Court decree and Magistrate dependent children Affidavit regarding dependent children and not having remarried. In case of Muslims Khula-Naama or Talaq-Naama or Talaq-e-mubarat issued by Masjid committee and Magistrate Affidavit regarding dependent children and not having remarried 4 Principal or Lecturer with spouse Certificate from the being current or former soldier or Commanding Officer or the Permanently disabled or deceased Director, Sainik Welfare Board soldier of Indian Defence Forces or Para military forces8 5 Principal or Lecturer being married to Certificate from the appointing an employee of a Central Government authority of the spouse.

or State Government or Aided Institution 6 Female Principal or Lecturers aged To be verified from Students fifty years or Male Principal or Achievement Tracking System Lecturers aged fifty five years or Departmental Portal 7 Pregnant Principal or Lecturer or a Certificate from the District female Principal or Lecturer with a Medical Board child less than one year

12. Inviting application for request transfer and exemption from Rationalization transfer.- Every Principal or Lecturer who has completed minimum period of service shall be provided an opportunity to make an online application for request transfer or for exemption from Rationalization Transfer within the time limit notified by the Transfer Process Controlling Officer,-

(i) The Lecturer while making an application for request transfer can also seek priority under any of the categories specified in section 10 of the Act along with relevant documents specified under rule 11;

(ii) The application for exemption from Rationalization Transfer shall also be claimed online along with relevant documents specified under rule 11.

(iii) If the priority or exemption is not claimed within the time limit, then it shall not be considered at a later stage; and

(iv) Lecturers identified for transfer under Rationalization Transfers may also apply for Request Transfer. Their eligibility and weighted score shall be considered based on their working college prior to Rationalization Transfer.

13. Finalization of List of Principal or Lecturers to be exempted and List of Principal or Lecturers to be given priority.-

(i) After the final date specified for making application for request transfer and application for exemptions under rationalization transfer, the Joint Director (Admin) of Pre University Education Department shall verify each application for priority or exemption.9

(ii) The Joint Director (Admin) of Pre University Education Department shall come to conclusion of eligible cases of priority or exemption on the basis of submission of documents specified under rule 11.

(iii) If the Joint Director (Admin) of Pre University Education Department has any doubts regarding the authenticity or the genuineness of the documents, he shall cross verify with the Competent Authority.

(iv) the Director of Pre University Education Department shall publish online as well as on the office Notice Board,-

(a) draft eligible priority list;

(b) draft in-eligible priority list with reasons;

(c) draft eligible exempted list;

(d) draft ineligible exempted list with reasons;

(e) to give clear five working days for objections from any Principal or Lecturer;

(f) the Director of Pre University Education Department shall also mention the date for open hearing after the deadline fixed for raising objections in the notification; and

(g) no objections shall be entertained on weighted score of a Principal or Lecturer after clear five working days.

(v) Any Principal or Lecturer who has any objection to either eligible or ineligible cases may file an on-line objection with supporting documents.

(vi) The Director of Pre University Education Department or officer not below the rank of Joint Director of Pre University Education Department, shall verify all the online objections and hear them on the open hearing date and pass speaking orders. The speaking orders shall be published on the transfer portal and on the Notice Board.

(vii) After passing orders the Joint Director (Admin) of Pre University Education Department shall publish,-

(a) final Priority list; and

(b) final Exemption list.

(viii) Any Principal or Lecturer aggrieved by the order may approach the Grievance Redressal Committee as per section 9 of the Act within three working days from the date of publication of the order.10

14. Preparation and Publication of final list of Lecturers to be transferred under Rationalization.- (1) After finalizing list of Lecturers to be exempted under Rationalization, the senior most Lecturer of that subject in the college shall be considered for transfer under rationalization, excluding the Lecturers to be exempted. If all the Lecturers of that subject become eligible for exemption from rationalization, then the senior most Lecturer excluding Lecturers with serious illness or physical disability shall be considered, irrespective of exemption clause.

(2) After following due procedure laid down in sub-rule (1), the Director of Pre University Education Department shall publish final list of Lecturers to be transferred under Rationalization.

15. Rationalization of Lecturers.- (1) Order of priority shall be followed for transfer of Lecturer under rationalization.

(2) The Lecturers who are in the final list of Rationalization shall be transferred to the vacant posts available in zone C. If any Lecturer refuses to take the vacant post or abstains from process of counseling, the transfer authority shall transfer such Lecturer through dummy counseling after completion of counseling process.

(3) If serious illness or physical disability Lecturers are identified as excess, then while transferring such Lecturers the transferring authority shall provide them first priority in the process of counseling irrespective of weighted score.

16. Notification of revised vacant posts.- In the year in which Rationalization is taken up, the Director of Pre University Education Department shall publish the subject-wise vacancies after Rationalization process.

17. General Request transfers.-

(i) Based on the applications received for the request transfers, final priority list for different categories as specified under section 10 of the Act and general category shall be prepared and published by the Competent Authority on the transfer portal.

(ii) Within each category the priority shall be decided based on the conditions specified for priority under section 10.

(iii) The total number of request transfers specified under clause (v) of

section 10 and general transfers shall be within the transfer limits specified under rule 5.11

(iv) The counseling for transfers shall be taken up in the sequence under clauses (i) to (v) of sub-section (1) of section 10 and general category.

(v) The Principals appearing for counseling may choose such a vacancy where the subject taught by him is there in that college. If such a vacancy is not available, then he may choose any vacancy. The Lecturers appearing for counseling may choose any vacancy. The transferring authority shall issue computer generated transfer order in the counseling centre itself. If no suitable vacancy is available the Principal or Lecturer may choose to continue in the existing post. An undertaking to this effect from the Principal or Lecturer shall be taken by the transfer authority at the counseling centre itself. However, if vacancy is once chosen it shall not be modified or cancelled.

(vi) The counseling process shall be conducted separately for Principals and Lecturers.

18. Conduct of transfers. - All transfers shall be carried out only through the online computerized counseling process.

19. Completion of counseling. - The exercise of transfer through computerized counseling process under Request transfers shall be continued till the upper limit of number of transfers under rule 5 is reached or till all the applicants are exhausted within the time frame communicated by the transfer Process Controlling Officer.

20. Mutual transfers.- (1) Eligibility for mutual transfer,-

(a) Must have completed minimum seven years service.

(b) Must have a minimum balance service of five years before retirement.

(c) Must not have availed Mutual Transfer earlier.

(d) Both Principal or Lecturers seeking mutual transfer shall apply within the specified time on the Principal or Lecturer Transfer Portal in the manner specified by the Transfer Process Controlling Officer linking their applications through KGID numbers of each other.

(2) The Competent Authority shall publish final list of eligible cases.

(3) Mutual Transfer can be availed only once in the entire service of Principal or Lecturer.12

21. Issue of orders.-The Competent Authority shall issue computer generated transfer order to the concerned Lecturer on the same day of the counseling.

22. Display on the Notice Board.- After completion of each type of transfer the list of the Principal or Lecturers transferred, indicating the places of transfers against their names shall also be displayed on the notice board. No transfer shall be made after the list is displayed.

23. Responsibility of the Officers.- The Competent Authority concerned shall ensure that the provisions of these rules are observed while effecting transfers and they shall be personally held responsible for any deviations and disciplinary action shall be taken to impose major penalty against such officers.

24. Transfers after the general transfers.- The Director of Pre University Education Department is empowered to affect the transfer of Principal or Lecturer

during the academic year only in the following cases namely:-

(i) Transfer in lieu of suspension when disciplinary action are pending;

(ii) After completion of general transfers if any of the posts specified remains vacant, the Government may post an eligible Principal or Lecturer as mentioned in rule-25; and

(iii) The posts of Assistant Director in offices of the Director of Pre University Education Department.

25. Public Interest transfers for places which have not been opted by any Lecturer if required.- After completion of general transfers, where no Lecturer has opted for a place in the process of counseling and it is required to be filled based on student Lecturer ratio and in public interest, the State Government may transfer any Lecturer to such place who has completed minimum period of service subject to the following conditions namely;-

(i) such transfer is only from the Colleges having surplus Lecturers based on student Lecturers ratio;

(ii) such transfer shall be on the recommendation of the Director of Pre University Education;

(iii) the Competent Authority shall publish the list of vacancies to which nobody has opted during the process of counseling and to be filled in accordanceR.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19 Licensed to post without prepayment WPP No. 297 13 with student Lecturer ratio under this rule immediately after completion of general transfer. The Competent Authority shall make transfer to such vacancies so notified after completion of General transfers in accordance with this rule and any violation shall be viewed and treated seriously;

(iv) the Competent Authority shall maintain and publish the statistics of such surplus Lecturers, subject-wise and college wise; and

(v) Students Achievement Tracking System (SATS) data and the online portal data shall be utilized for assessing students and Lecturer strength and ratio between them and for other related statistical information prevailing in colleges.

26. Repeal and Savings.- The Karnataka State Civil Services (Regulation of transfer of Teachers) Rules, 2017, are hereby repealed:

Provided that, such repeal shall not affect,-

(a) Anything done or any action taken under the said rules; or

(b) The previous operation of the said rules or anything duly done or suffered thereunder; or

(c) Any right, privilege, obligation or liability acquired, accrued or incurred under the said rules; or

(d) Any penalty or punishment incurred in respect of any offence committed

under the said rules:

Provided further that, the provisions of section 6 of the Karnataka General Clauses Act, 1899 (Karnataka Act III of 1899) shall be applicable in respect of repeal of the said rules.

By order and in the name of the Governor of Karnataka (Padmini S.N) Under Secretary to Government, Primary and secondary Education Department (Pre-University Education). ಮುದ(cid:206)ಕರು (cid:178)ಾಗೂ ಪ(cid:206)(cid:144)ಾಶಕರು:- ಸಂಕಲ(cid:163)ಾ(cid:297)(cid:144)ಾ(cid:312)ಗಳ(cid:133), ಕ(cid:163)ಾ(cid:143)ಟಕ (cid:170)ಾಜ(cid:205)ಪತ(cid:206), ಸ(cid:144)ಾ(cid:143)(cid:312) (cid:144)ೇಂದ(cid:206) ಮುದ(cid:206)(cid:158)ಾಲಯ, (cid:166)ೆಂಗಳ(cid:136)ರು