EXEMPTION FROM MINIMUM QUALIFICATIONS
The Board has laid down minimum qualifications in respect of Heads and teachers for teaching subject/classes. Generally no exemption from minimum qualifications is considered by the Board. However, in case there is a shortage of teachers in a particular subject or qualified teachers are not available in a remote area, the Board may consider requests for exemption from minimum qualifications under special circumstances for some years.
The Board will consider such requests only in case of private unaided schools. Schools run by Government or autonomous bodies like K.V.S., Navodaya Vidyalaya Samiti, Sainik Schools Society etc., may take decision in this regard at their own end.
Appendix I
GUIDELINES TO SCHOOLS AND INSPECTION
COMMITTEES FOR INSPECTION FOR PROVISIONAL
AFFILIATION ETC. 1. The schools awaiting inspection for approval of middle class syllabus/provisional affiliation/upgradation should make available the following information/records/documents duly completed for the Inspection Committee. They will mention about these aspects in their Inspection Report.
2. The Constitution of the Society/Trust running the school; copy of certificate of registration; names of the members of the Society/Trust with occupations and address (Affidavit regarding relationship among the members).
3. Composition of the School Managing Committee, names of the members of the school Managing Committee with occupations and addresses and its formation should be as per guidelines given in Chapter VI Affidavits etc. with regard to relation of the members of the School Managing Committee with each other be obtained and verified.
4. Statement of income and expenditure of the school, and the balance-sheets copy of the audited accounts of the past three years, sources of income (regular or otherwise) for development or expansion of existing facilities, library, laboratories, play fields etc.
(97)
5. An up-to-date statement showing the names and qualifications, date of birth of the Principal and teachers and allotment of teaching work in the Secondary/Senior Secondary Classes. In the case of unaided privately managed schools, the degrees, diplomas or certificates, in original of the members of the staff must be shown to the Inspection Committee. The Inspection Committee should certify of having seen the original certificates/degrees etc. carefully for each member of the staff.
6. Proof in respect of subjects offered for graduation in respect of trained graduate teachers teaching classes IX-X and post-graduate teachers teaching classes XI-XII with preferably original marksheet from the Universities from which they got their degrees. A statement should be obtained in the prescribed proforma.
7. Service agreement with employees : salaries paid to the staff; scale of pay and allowances which should at least be at par with corresponding categories of teachers employed in Government institutions; disbursement of salaries to be made by cheques at the beginning of the month, but not later than 10th of each month; provision of Provident Fund and other benefits to the employees be verified.
The Service agreement should be as per Board's norms/State or U.T. Government norms.
8. Reserve Fund; whether this has been maintained and its details or whether the school has funds to maintain the same if affiliation is granted.
(98)
9. Building and Class-rooms; Proof regarding possessing 2 acres of land, general suitability of the land and building for school purposes; adequacy of class-rooms ; availability of spare rooms for co-curricular activities, as per norms prescribed.
10. Library facilities : dimensions of the stack room and of the reading room; number of books with details regarding the cost of books, indicating also the different categories of books; annual budget for the library ; number of the magazines subscribed to, etc. as per norms prescribed in these Bye- laws.
11. Laboratories : dimensions and number of laboratories for the different science subjects; equipment, apparatus and chemicals as prescribed by the Board ; annual budget for expansion of facilities in the laboratories.
12. Physical and Health Education : details of play-grounds available; other recreational facilities; provision for medical check-up, availability of a school doctor.
13. Recognition of the Middle School by the Education Department; approval of syllabus of Middle Classes; copy of certificate of recognition/approval; no objection certificate.
14. Statement of number of pupils : class and section-wise enrolment separately of boys and girls and total enrolment with pupil teacher ratio.
15. Record of internal assessment : record of third language; results in Class-VIII/X; record of work experience, Art Education, Physical and Health Education activities etc.
(99)
16. Health and sanitary conditions : health and sanitary conditions certificate from the municipal authorities, fire safety and safe drinking water certificates.
17. Prospective plans : in case school is expanding from class VIII to become a secondary school; or from Secondary to Senior Secondary; plans, detailed information on sources of finance and the availability of additional land etc.
18. Fulfilment of conditions laid down by the Board earlier, evidence to be provided to the Inspection Committee (applicable in the case of subsequent inspections only).
Note : The information regarding the above items should be prepared and certified by the Manager/Correspondent and the Principal for handing over to the Inspection Committee (two folders) which will forward a copy of the same along with its report in duplicate to the Board.
Appendix II
AFFILIATION FEES PAYABLE An institution seeking approval of middle class syllabus/provisional affiliation etc., must pay the prescribed fee as given below along with the application in cash or through a Bank Draft in favour of the Secretary, Central Board of Secondary Education, Delhi
(i) Approval of Middle Class Syllabus
(a) Schools within the Country Rs. 2500/
(b) for overseas schools Rs. 5000/-
(ii) Fresh Provisional Affiliation of Sec. Classes
(a) Schools within the Country Rs. 2500/
(b) for overseas schools Rs. 5000/-
(iii) Upgradation to Sr. Sec. Classes
(a) Schools within the Country Rs. 2500/
(b) for overseas schools Rs. 5000/-
(iv) Extension of Provisional/Regular Affiliation
(a) Schools within the Country Rs. 500/
(b) for overseas schools Rs. 2500/-
(v) Introduction of additional subjects
(for each additional subject)
Schools within the country and overseas.
Rs. 300/-
(101)
(vi) Annual fee
(a) Schools within the Country Rs. 500/
(b) for overseas schools Rs. 3000/-
The fee mentioned above can be increased or decreased by the Board at any time.
II. Annual fee as per I (vi) above will be payable in advance for a period of three years or for the period of affiliation whichever is less at the time of
(i) Approval of Middle Class Syllabus/Provisional Affiliation/Upgradation, when the school comes under the Board for the first time; and
(ii) Extension of Provisional Affiliation/Regular Affiliation.
Appendix III
CONTRACT OF SERVICE An agreement made this _________ day of __________ one thousand, nine hundred and __________ between Mr/Mrs/Miss_____________ hereinafter called the teacher/employee of school the party No. 1 of the one part and the Governing Body of the school (hereinafter called the committee) the Party No. 2. of the other part. The committee hereby agrees to employ the Party No. 1 and the Party No. 1 hereby agrees to serve as __________ in the school on the following terms and conditions.
1. That Party No. 1's employment shall begin from the _________ day of__________ . He shall be employed in the first instance on probation for a period of one year/on temporary basis and shall be paid a monthly salary of Rs. _______ in the scale of pay of Rs. _____ plus allowances in accordance with the rates as prescribed by the State/Central Govt. from time to time and applicable to his case. The period of probation may be extended by the Governing Body for a further period not exceeding one year. The total probationary period shall in no case exceed two years.
2. If the work and conduct of the Party No. 1, during the period of probation or extended period of probation is not found satisfactory, the service of Party No. 1 are liable to be terminated without notice before the expiry of the period of probation. The sole judge of the satisfactory completion of the probation will be the Governing body of the school.
3. After satisfactory completion of his probationary period, the Party No. 1 shall be confirmed with effect from the expiry of the said period of probation or the extended period of probation.
(103)
4. Immediately on confirmation, the Party No. 1 shall be entitled to the benefits of Contributory Provident Fund or G.P Fund in case the scheme of pension exists in the school and shall be governed by the rules of that Fund as in force from time to time.
5. The Party No. 1 shall be entitled to the benefits of Medical and other facilities as per school rules.
6. The Party No. 1 shall during his service under this agreement be eligible, subject to the exigencies of the school, to such leave as is admissible under the Govt. rules from time to time in force; the leave is not claimable as a matter of right but may be granted at the discretion of the Governing Body of school/Principal of the school as per rules of the school in this regard.
7. The Party No. 1 shall not leave the station without having first obtained the written permission of the authorised officer of the said school.
8. Unless the service of the Party No. 1 is terminated as hereinafter provided, he shall continue in the employment of the school till he attains the age of superannuation as per State Government rules, when he shall retire, provided that the committee or any other person authorised by the committee in this behalf may retain his service for a further period as admissible according to rules of the State Education Deptt. for such extensions if the Party No. 1 is fit for such extension and has no mental or physical incapacity which would disentitle him to get such extension. Provided further that the extension shall not exceed one year at a time.
9. On retirement or otherwise relinquishing the job, except in the case of resignation, after satisfactory completion of service as prescribed by the school Gratuity Rules, the Party No. 1 shall be entitled to the benefit of Gratuity under the school rules as in force time to time.
(104)
10. During the service under this AGREEMENT, the party No. 1 will be liable to disciplinary action in accordance with the Rules and Regulations framed by the school from time to time even with retrospective effect, for any art of insubordination, intemperance or other misconduct, or the commission of an act, which constitutes a criminal offence or of any breach of non-performance of duties or any of the provisions of those present or of any rules pertaining to the conduct of the school. These rules will normally conform to the Govt. rules in this behalf.
11. If the Party No. 1 is suspended from duty during investigation into any charge of his conduct mentioned in clause (10) above, he shall not be entitled to any pay during such period of suspension but shall be entitled to receive a subsistence allowance at such rate as may be decided by the committee generally from time to time or at a rate as may be deemed fit. The subsistence allowance shall conform to the Govt. rules normally.
12. If the Party No. 1 is exonerated from the charge brought against him, he shall be reinstated in his post and shall be paid his salary for the period, if any, during which he was suspended and subsistence allowance already paid will be adjusted.
13. The Governing Body of the said school may terminate the service of the Party No. 1 as provided in Rules 29 Chapter VII of the Affiliation Bye-laws of the Board by giving three months' notice in writing in the case of confirmed employee or one month's notice in the case of temporary employee or by paying a sum equivalent to 3 months' salary or one month's salary which the Party No. 1 is then drawing. Similarly, if the Party No. 1 wants to relinquish his job, he shall be required to give three months' notice in writing if he is permanent or one month's notice in writing if he is temporary or deposit three months'/one month's salary as the case may be in lieu thereof,
(105)
14. The Party No. 1 will apply himself honestly, diligently and efficiently under the orders and instructions of the Governing Body/Principal under whom he shall be placed as teacher/employee in the school and he shall discharge all duties pertaining to that office and/or which are necessary to be done in his capacity as aforesaid and will make himself in all respects, generally as useful as may be required of him and shall always act in paramount interest of the institution.
15. The Party No. 1 will conform to all the rules and regulations in force in the school and shall carry out all such orders and directions as he shall, from time to tin*, receive from the Governing Body/Principal or any of the authorised member of the staff.
16. The Party No. 1 shag not apply or appear for interview etc. for any job outside the school without the prior written permission of the authorised officer of the school. If he has already applied before joining this school, it will be his duty to inform the Principal at the time of appointment and seek his written permission, if he is required to appear for interview later on.
17. The Party No. 1 shall devote his whole time to duties assigned and shall not on his own account or otherwise directly or indirectly carry on or be concerned in any trade or business whatsoever which is likely to interfere with the due and efficient discharge of his school duties under this agreement or to be otherwise prejudicial to the interest of the school.
18. The Party No. 1 will not on any pretence absent himself from duties without first having obtained the permission of the Principal or in the case of sickness or accident, without forwarding a medical certificate. to the satisfaction of the Principal
(106)
19. The committee and the Party No. 1 agree that any dispute arising out of or relating to this contract including any disciplinary action leading to the dismissal or removal from service or reduction in rank etc. shall be referred for arbitration of any person to be nominated by the Chairman of Society running the School and if the arbitrator fails or neglects to act or becomes incapacitated, the Chairman of the society shall nominate any other person to fill the vacancy of arbitrator.
In witness whereof the parties hereto set their hands this day month and year first above written.
Signed in the presence of :-
1. _________________________ Party No. I
2. _________________________ Party No. II
Appendix IV
MINORITY INSTITUTIONS
1. Determination of Minority Character of an
Educational Institution The benefits of Article 30 (1) of Indian Constitution can be claimed by the community only on proving that it is a religious or linguistic minority and the institution was established by it. The question of proof in a Court of Law is regulated by the provisions of the Indian Evidence Act. This Act requires that when there is a written document, other evidence is to be excluded but if there is no written document, other evidence is admissible.
2. Objects of Establishment of Minority Educational
Institutions It is not always necessary that the objects for which a minority may establish an educational institution must include the conservation of its language, script or culture. Article 30(1) only emphasises that the body establishing and administering an educational institution belongs to a minority based on religion or language. It says nothing about the character of education to be imparted by them. Hence, an institution, will be a minority institution, even if it imparts secular education. 'Once it is proved to be a minority institution, the character of education to be imparted and of administration will be at the choice of those who can administer it. In these matters, the choice cannot be of any one also.
(108)
3. Fulfilment of Statutory Requirements for seeking
Recognition An institution seeking recognition must fulfil the statutory requirements concerning the academic standards, the qualifications of teachers, and of the students seeking admission. It must have the financial resources and the capability to run on a sustained basis. When the applications seeking recognition are not considered favourably, grounds of rejection must be communicated to the educational institutions filing such applications so as to enable them to overcome obstacles to their early recognition.