What is West Bengal School Service Commission Act?
West Bengal School Service Commission Act (the “Act”) provides rules and regulations for the constitution of the School Service Commission at the regional and central levels in West Bengal and on such other matters as may be stated in the commission.
The State Government may, by notification, appoint or constitute a Central or Regional Commission called Central West Bengal Central School Service Commission or West Bengal Regional School Service Commission, respectively. The State Government shall determine the territorial jurisdiction of the Regional Commission.
The territory of the West Bengal state shall include the Eastern, Southern, Western, and Northern Regions. Each region shall further comprise districts as the State Government may consider necessary.
The State Government may increase or decrease the territorial jurisdiction of the Regional Commission.
The Commissions (Central and Regional) shall consist of seven members each. One person shall be appointed as the Chairman by the State Government. All the members of the Commissions should have at least 10 years of experience as a teacher at a university or Principal of a college. Or at least 15 years of experience as a Teacher, Headmaster, or Headmistress other than Principal of a college.
The tenure of the Chairman and other members of the commission is four years. However, they are eligible for a further appointment as a Chairman or other member after the expiry of the tenure.
The Chairman or other member should be below the age of sixty-two years.
What is the function of the Regional Commission?
The Regional Commission must make recommendations for the appointment of a person for the post of a teacher or non-teaching staff in schools in its territorial jurisdictions under the guidance and examination of the Central Commission.
On the recommendation of the Regional Commission, the managing committee, ad-hoc committee, or administrator of the school shall appoint the teacher or non-teaching staff.
The Regional Commission acts as a subordinate to the Central Commission.
What is the function of the Central Commission?
The Central Commission must supervise, monitor, co-ordinate and control the activities of the Regional Commission.
The Central Commission can call for any record, report, or other information from a Regional Commission if such information is necessary to discharge the Central Commission’s duty.
The Central Commission must advise the State Government on any matters referred to it by the State Government.
When did it start?
The West Bengal School Service Commission Act was enacted on 1st April 1997. The West Bengal Legislature passed it. It came into force on 1st November 1997 to recruit teachers, assistant teachers, and Headmasters/Headmistresses in a recognized Non-Government aided School in West Bengal.
Who is the Chairman of the West Bengal School Service Commission Act?
One of the members of the commission is appointed as a Chairman. The Chairman should have occupied a prominent judicial, administrative services, or public life position.
At present, the State has appointed professor Siddhartha Majumdar. He is financial economics assistant professor at City College, Calcutta, as the Chairman of the West Bengal Central School Service Commission.
West Bengal School Service Commission Act Rules
The State Government shall make rules for the following matters:
a) Terms and conditions of service of the Secretary, Chairman, or other members;
b) Manner to carry out an inquiry for the removal of Chairman or other members;
c) Manner and scope of selection of a person for the post of teacher or non-teaching staff and
d) The proforma of application, the manner and other conditions for general transfer of eligible teachers and non-teaching staff and
e) The proforma of a joint application, the manner and other conditions for mutual transfer of teacher or non-teaching staff.
West Bengal School Service Commission (Amendment) Act 2010
West Bengal School Service Commission (Amendment) Act, 2010 inserted mutual transfer of teachers or non-teaching staff between two posts of the same category of vacancies, subjects, and posts.
The Amendment Act, 2010 has inserted Section 10 A- Mutual transfer on joint application.
It states that two confirmed teachers or non-teaching staff wish to jointly apply to the Central Commission in a prescribed format for transferring them to another school of the same category of the vacant post. The Central Commission may, after receiving such application, make a recommendation for the transfer of such two confirmed teachers or non-teaching staff from one school to another for the same category of vacant post based on such condition and manner and within such period as may be prescribed.
Provided that such joint application for mutual transfer is made between two teachers or non-teaching staff that belong to the same category of vacancies, subjects and posts with the same medium of instruction in schools.
West Bengal School Service Commission (Amendment) Act, 2013
West Bengal School Service Commission (Amendment) Act, 2013, inserted the general transfer of teachers between two posts of the same vacancies, subjects, and posts. The Amendment Act, 2013 has inserted Section 10 B- General transfer on application.
An eligible teacher may apply to the Central Commission in a prescribed format for transferring them to the vacant post, which is of the same category. The Central Commission may, after receiving such application, make a recommendation for the transfer of an eligible teacher from one school to another for the same category of vacant post based on such condition and manner and within such period as may be prescribed.
Provided that such general transfer is made between two posts that belong to the same category of vacancies, subjects, and posts with the same medium of instruction in schools.
Eligibility criteria for teachers in West Bengal School Service Commission, 2022
The age limit for West Bengal Service School Commission Teacher Recruitment is 21 – 40 years. However, the upper age limit can be relaxed for candidates belonging to the Scheduled Caste/ Scheduled Tribe, Physically handicapped, or OBC category.
West Bengal School Service Commission Act Eligibility Criteria for schools
The Act shall not apply to the following schools that are –
1. established and administered by a minority (linguistic or religious) or
2. under any trust, established and administered by minority
3. government school maintained and managed by the State Government or the Railway Board under the Ministry of Railway or Government of India or
4. received financial assistance towards dearness allowance only for teachers by the State Government;
5. not received financial assistance from the State Government;
6. established or administered by a charitable organization.
Removal of the Chairman
The State Government may remove the Chairman or other members of the commission after conducting an inquiry on the following grounds, namely:
· Insolvency;
· Infirmity of body or mind or
· Misconduct, including moral turpitude.
Conclusion
A West Bengal School Service Commission was enacted to make rules for the constitution of the West Bengal Regional School Service Commission and West Bengal Central School Service Commission. The commission’s purpose is to make rules and regulations for the recruitment of teachers, non-teaching staff, headmasters, headmistresses, and other services as the State Government may prescribe from time to time. Each commission consists of seven members, both for regional and central commissions. Of these seven members, one person shall be appointed as the commission’s Chairman. The Regional Commission acts subordinate to the Central Commission. The Chairman can be removed on misconduct, insolvency, or infirmity.
