DIRECTION NO.- 25/2001 :PROCEDURE FOR APPOINTMENT OF PRINCIPALS / DEANS /
DIRECTORS & TEACHERS OF AFFILIATED COLLEGES & RECOGNISED
INSTITUTES & CRITERIA GOVERNING TERMS AND CONDITIONS OF THEIR
SERVICE.
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WHEREAS Maharashtra University of Health Sciences Act, 1998 has been passed
by the State Legislature to establish the Maharashtra University of Health
Sciences for the purposes of ensuring proper and systematic instruction,
teaching, training and research in modern Medicine and Indian system of
Medicine and to have a balanced growth in the Health Sciences so also an
uniformity in various courses in health sciences in the State,
AND
WHEREAS as per section 27 (u) of Maharashtra University of Health Sciences
Act, 1998 the Management Council of the University may prescribe by statues the
procedure of appointment of teachers, officers and other employees in all
institutes and colleges affiliated to the University and terms and conditions
of their service and as per section 61(3) of Maharashtra University of Health
Sciences Act 1998 the University may prescribe the selection committee and mode
of appointment for principals, teachers & other employees of affiliated
colleges and recognised institutes,
AND
WHEREAS prescribing qualifications, procedure of recruitment, workload,
code of conduct, terms of office, duties and conditions of services including
periodic assessment of teachers, officers and other employees of the University,
the affiliated colleges and recognised institutes (except those Colleges or
institutions maintained by the State or Central Government or a local
authority) is a subject matter of statute as per the provisions of section
48(8) of the Maharashtra University of Health Sciences Act 1998,
AND
WHEREAS there is no statute prescribing, qualifications, procedure of
recruitment, workload, code of conduct, terms of office, duties and conditions
of services including periodic assessment of Principal/Dean/Director/Teachers
of affiliated colleges/recognised institutes and officers and other employees
of the University in existence in this University,
AND
WHEREAS making of Statute is time taking process.
Now, therefore, I Dr. D. G. Dongaonkar, Vice- Chancellor
of Maharashtra University of Health Sciences in exercise of powers conferred
upon me under sub-section 8 of section
16 of Maharashtra University of Health Sciences Act, 1998 issue the following
direction -
1) This
Direction shall be called “Procedure for appointment of Principals / Deans / Directors/Teachers of
affiliated colleges/recognised institutes & criteria governing terms and
conditions of their service."
2) This
Direction shall come into force with effect from the date of it's issuance.
3) DEFINITIONS :
The definitions given in the Maharashtra University of Health Sciences Act 1998
shall be applicable to this Direction, unless there is anything repugnant in the
subjects or context.
4) PAY SCALES :
Pay
scales of Principals/Deans/Directors of affiliated colleges or recognised
institutes and different categories of teachers in the University, affiliated
colleges and recognised institutes shall be as prescribed
by the Government from time to time and adopted by the University by statutes.
5) QUALIFICATIONS
:
The qualifications for Principals/Deans/Directors of affiliated
colleges/recognised institutes and different categories of teaching post of Professors,
Asso. Professors / Readers, Asstt. Professors/ Lecturers shall be as prescribed
by the respective councils and adopted by the University from time to time.
Where there are no Central Councils or where the Councils have not
prescribed any criteria of qualifications the University shall prescribe the
qualifications.
6) Appointments
of Principals / Deans / Directors of affiliated colleges/recognised institutes:
6.1)
Principals
/ Deans / Directors of affiliated colleges/recognised institutes may be appointed
from amongst the teachers of the college / recgonised institute or by direct
recruitment through a selection procedure.
6.2)
The
post of the Principal / Dean /Director of affiliated college/recgonised
institute shall be a non-vacational post.
6.3)
The
appointment of Principal / Dean / Director of affiliated college/recognised
institute shall be made by the Appointing Authority on the recommendations of
the Selection committee consisting of the following.
(i) Chairman,
Governing Body / Management of the college / institute,
(ii) One member of the Governing Body / Management of the college /
institute nominated by the Governing Body / Management,
(iii) Two
nominees of the Vice-Chancellor,
(iv) One member belonging to SC / ST / VJNT/ OBC, nominated, by
the Vice-Chancellor if the post is reserved for backward
class.
(v) One nominee of the Director of Medical Education & Research
or the Director of Ayurveda as the case may be not below the rank of Deputy
Director.
7) PROCEDURE OF APPOINTMENT:-
7.1)
The advertisement for the post of Principal / Dean /
Director of affiliated college/recognised institute shall be prepared keeping
in view the reservation policy and shall be got approved from the University.
7.2)
The
post of the Principal / Dean / Director of affiliated
college/recognised institute shall be widely advertised (one in local level and one in state level
newspaper) with particulars of the minimum and other qualifications, if any,
and emoluments. Reasonable time (minimum three weeks) shall be allowed to
applicants to submit their applications.
7.3)
The
date of the meeting of the Selection Committee shall be so fixed as to
allow the notice of fifteen days to each member and to the candidates. The
particulars of each candidate called for interview, in consultation with the management
of the college or recognised institute shall be supplied to each member, so
as to reach him seven days before the date of the meeting.
7.4)
The
quorum to constitute a meeting of the Selection Committee shall be four
members of whom, one being a nominee of the Vice-Chancellor. If the post is for
reserved category, attendance of the Vice-Chancellor's nominee belonging to SC
/ ST / VJNT/ OBC category is necessary.
7.5)
The Selection
Committee shall interview and adjudge the merits of each candidate in
accordance with the qualifications advertised and report to the Appointing
Authority the names arranged in order of merit giving reasons for the order
of preference. The committee may recommend only one name if others are not
found suitable or recommend no name if no one is found suitable. The report of
the selection committee shall be sent to the University within 48 hours
with relevant documents by appropriate electronic communication media or by
speed post.
7.6) The
Appointing Authority, with the approval of the Vice-Chancellor, shall
appoint a person/persons in order of merit
from amongst the persons so recommended.
7.7) The recommendations of the Selection Committee shall be
subject to the approval of the
Vice-Chancellor. If the Vice-Chancellor does not approve the decision of the Selection
Committee, he shall record his reasons in writing thereof and return it to
the Selection Committee for reconsideration. After reconsideration, if
the selection Committee desires to pursue its original proposal, it
shall refer the matter again to the Vice-Chancellor for his decision, which
shall be final.
7.8)
The
Principal / Dean /Director of affiliated college/recgonised institute, who desires
to relinquish his post, for personal or other reasons, shall give three months'
notice or in lieu thereof three months' basic salary to the Appointing
Authority. If he/she so desires within first two years of his appointment,
the period of notice shall be one month or in lieu thereof he/ she shall pay
one months' basic salary. The Appointing Authority may waive the notice
period.
7.9)
The
Principal / Dean /Director of affiliated college/recgonised institute, who is
selected from amongst the teachers or by direct recruitment and desires to
relinquish the post within the first two years of his/her appointment as
Principal/Dean/ Director shall do so by giving one month's notice or one
month's salary in lieu thereof and shall have an option to go back to his / her
original post in the department which he/ she represents. In case of the
Principal/Dean/Director who is appointed from amongst the teachers of the same
college, on going back to his/her original post, his pay as a teacher shall be
fixed in his original scale as if he had continued in the post. In the case of
the Principal/ Dean/ Director who was not a teacher of the college at the time
of his appointment as Principal/ Dean/ Director, his/her pay as teacher shall
be fixed in his previous scale as teacher as if he had continued in the post.
7.10) In the event of the vacancy of the
post of the Principal / Dean /Director of affiliated college/recgonised
institute, occurring due to illness, leave, retirement, leaving the service, or
by any other reason, the current duties of the post of Principal/ Dean/Director
shall be assigned by the management of the college/institute to one of the
senior teachers (one who is eligible to be a Principal/ Dean/Director) in the
college in addition to his/her own duties as an alternate arrangement in
respect of temporary vacancy, till the Principal/ Dean/Director resumes, and as
an alternate arrangement in respect of permanent vacancy, till the post is
filled in, by usual procedure.
8) Responsibilities of the Principals / Deans
/Directors of affiliated colleges/recognised institutes :
Subject to the supervision and
general control of the University and Governing Body, the Principal / Dean
/Director of affiliated college and recgonised institute as administrative and
academic head of the affiliated college / recognised institutes shall be
responsible for:
8.1)
Academic
growth of the college / institute.
8.2)
Participation
in the teaching work, research, and training programmes of the college /
recognised institute.
8.3)
Assisting
in planning and implementation of academic programmes such as orientation
courses, seminars, in-service and other training programmes organized by the
University /college / recognised institute for academic competence of the
faculty members.
8.4)
Admission
of students and maintenance of discipline of the college / recognised
institute.
8.5)
Managing
of the college / recognised institute libraries, laboratories, hospitals,
gymkhana and hostels.
8.6)
Receipts,
expenditure and maintenance of accounts and submission of quarterly statement
of accounts to the Management and to the Local Managing Committee.
8.7)
Observance
of provisions of Accounts Code.
8.8)
Correspondence
relating to the administration of the college / recognised institute.
8.9)
Administration
and supervision of curricular, co-curricular/extra-curricular or extra-mural
activities, and welfare activities of the college / recognised institute and
maintenance of records.
8.10) Observance of the Act, Statutes,
Ordinances, Regulations, Rules and other orders issued there under by the University
from time to time.
8.11) Supervision of college / recognized institute and University
examinations, setting of question papers, for the college / recognized
institute and University examinations, moderation and assessment of answer
papers and such other work pertaining to the examinations as assigned.
8.12) Assessing reports of teachers and
non-teaching staff and maintenance of service books and looking after the
general welfare of the teaching and non-teaching staff.
8.13) Any other work relating to the
college / recognized institute as may be assigned to him by the Appointing
Authority from time to time.
8.14) Observance and implementation of
directives issued by respective central councils and Government authorities
i.e. Director of Medical Education& Research / Director of Auyrved
Education and other concerned authorities.
8.15) Safe-guard the interests of
teachers/non-teaching staff members and the Management.
8.16) Timely submission of
information/returns to different authorities i.e. Government /University
/University Grants Commission/ respective Central Councils /Management etc.
especially regarding Accounts matters.
9) Appointment
of Teachers in the Affiliated Colleges / Recognised Institutes.
9.1) Selection
Committee:
There shall be a Selection
Committee for making recommendations to the
Management for appointment of
teachers. The Selection Committee
shall consist of.
(i)
Chairman,
Governing Body or a nominee of the Management / Governing Body.
(ii)
A
nominee of the Vice-Chancellor.
(iii)
One
subject expert to be nominated by the Vice-Chancellor.
(iv)
One
nominee of the concerned Director, not below the rank of Deputy Director.
(v)
Principal
/Dean/Director of the college / recognized institute.
(vi)
The
head of the concerned department.
(vii)
One
member belonging to SC / ST / VJNT/ OBC category nominated by Vice-Chancellor,
who shall be preferably an expert in the subject, if the post is reserved.
9.2)
Procedure of Appointment :
9.2.1 The
advertisement for all posts shall be prepared keeping in view the
reservation
policy and shall be got approved from the University.
9.2.2 All posts of the teachers shall be
widely advertised (one in local level and one in state level newspaper) with
particulars of the minimum and other qualifications, if any, and emoluments.
Reasonable time (minimum three weeks) shall be allowed to applicants, to submit
their applications.
9.2.3 The date of the meeting of the Selection
Committee shall be fixed by the management so as to allow the notice of
fifteen days to each member and to the candidates. The particulars of each
candidate called for interview, in consultation with the Principal / Dean
/Director of affiliated college/recgonised institute, shall be supplied to each
member, so as to reach him seven days before the date of the meeting.
9.2.4
The
quorum to constitute a meeting of the selection committee shall
be four members of whom, one being an expert
nominated by the University. If the post is for reserved category, attendance
of the Vice-Chancellor's nominee
belonging to SC / ST / VJNT/ OBC category is necessary.
9.2.5 The selection committee shall
interview and adjudge the merit of each candidate in accordance with the
qualifications advertised, and report to the appointing authority the names
arranged in order of merit giving reasons for the order of preference. The
committee may recommend only one name if others are not found suitable or may
not recommend any name, if no candidate is found suitable and report to that
effect be sent to the University.
9.2.6 Selection committee report with relevant documents
shall be submitted to the University within 48 hours by suitable electronic
communication media or by speed post by the colleges / institute.
9.2.7 The recommendations of the selection
committee shall be subject to the approval of the Vice-Chancellor. If the
Vice-Chancellor does not approve the decision of the selection committee,
he shall record his reasons in writing thereof and return it to the selection
committee for reconsideration. After reconsideration, if the selection
committee desires to pursue its original proposal, it shall refer the
matter again to the Vice-Chancellor for his decision, which shall be final.
9.2.8
The
appointing authority, with the approval of the Vice-Chancellor,
shall appoint the number of person/persons
required, in order of merit from amongst the persons so recommended.
10) Teachers in affiliated colleges and
recognised institutes : Code of Professional Ethic :
10.1) Goal of Higher Education in our Country :
The basic purpose of education is to
create skill and knowledge and awareness of our glorious national heritage and
the achievements of human civilisation, possessing a basic scientific outlook
and commitment to the ideals of patriotism, democracy, secularism and peace,
and the principles enunciated in the Preamble to our constitution.
Higher education has to produce leaders
of society and economy in all areas of manifold activities with a commitment to
the aforesaid ideals.
Higher education should strive for academic
excellence and progress of Arts and Science. Education, Research and Extension
should be conducted in conformity with our national needs and priorities and
ensure that our best talents make befitting contributions to international
endeavour on societal needs.
10.2) Teachers
and their Rights :
Teachers should enjoy full civic and political rights of our democratic
country. Teachers have a right to adequate emoluments, social position, just
conditions of service, professional independence and adequate social insurance.
10.3) The code of
Professional Ethics
10.3.1) Teachers and Their
Responsibilities :
Whoever adopts
teaching as a profession, assumes the obligation to conduct himself in
accordance with the ideals of the profession. A teacher is constantly under the
scrutiny of his students and the society at large. Therefore, every teacher
should see that there is no incompatibility between his precepts and practice.
The national ideals of education which have already been set forth and which he
/ she should seek to inculcate among students must be his / her own ideals. The
profession further requires that the teachers should be calm, patient and
communicative by temperament and amiable in disposition.
Teachers
should :
(i)
Adhere to a responsible pattern of conduct and demeanour expected of
them by the community ;
(ii)
Manage their private affairs in a manner consistent with the dignity of
the profession ;
(iii)
Seek to make professional growth continuous through study and research
;
(iv)
Express free and frank opinion by participation at professional
meetings, seminars, conference etc. towards the contribution of knowledge ;
(v)
Maintain active membership of professional organizations and strive to
improve education and profession through them ;
(vi)
Perform their duties in the form of teaching, tutorial, practical and
seminar work conscientiously and with dedication ;
(vii)
Co-operate and assist in carrying out functions relating to the
educational responsibilities of the college/institute and the university such
as : assisting in appraising applications for admission, advising and
counselling students as well as assisting in the conduct of university and
college examinations, including supervision, invigilation and evaluation ; and
(viii) Participate in extension,
co-curricular and extra-curricular activities including community service.
10.3.2) Teachers and the Students :
Teachers should :
(i)
Respect the right and dignity of the student in expressing his / her
opinion ;
(ii)
Deal justly and impartially with students regardless of their religion,
caste, political, economic, social and physical characteristics ;
(iii)
Recognise the difference in aptitude and capabilities among students and
strive to meet their individual needs ;
(iv)
Encourage students to improve their attainment, develop their
personalities and at the same time contribute to community welfare ;
(v)
Inculcate among students scientific outlook and respect for physical
labour and ideals of democracy, patriotism and peace ;
(vi)
Be affectionate to the students and not behave in a vindictive manner
towards them for any reason ;
(vii)
Pay attention to only the attainment of the student in the assessment of
merit ;
(viii) Make themselves
available to the students even beyond their class hours and help and guide students
without any remuneration or reward;
(ix)
Make students to develop an understanding of our national heritage and
national goals ; and
(x)
Refrain from inciting students against other students, colleagues or
administration.
10.3.3) Teachers and Colleagues :
Teachers should :
(i)
Treat other members of the profession in the same manner as they
themselves want to be treated ;
(ii)
Speak respectfully of other teachers and render assistance for
professional betterment;
(iii)
Refrain from lodging unsubstantiated allegations against colleagues to
higher authorities ;
(iv)
Refrain from allowing consideration of caste, creed, religion, race or
sex in their professional endeavour.
10.3.4)
Teachers and Authorities :
Teachers should :
(i)
Discharge their professional responsibilities according to the existing
rules and adhere to procedures and methods consistent with their profession in
initiating steps through their own institutional bodies and / or professional
organizations for change on any such rule detrimental to the professional
interest ;
(ii)
Refrain form undertaking any other employment and commitment including
private tuitions and coaching classes which are likely to interfere with their
professional responsibilities ;
(iii)
Co-operate in the formulation of policies of the institute by accepting
various offices and discharge responsibilities which such offices may demand ;
(iv)
Co-operate through their organizations in the formulation of policies of
the other institutes and accept offices ;
(v)
Co-operate with the authorities for the betterment of the institutes
keeping in view the interest in conformity with dignity of the profession ;
(vi)
Should adhere to the conditions of contract ;
(vii)
Give and expect due notice before a change of position is made ; and
(viii) Refrain form availing
themselves of leave except on unavoidable grounds and as far as practicable
with prior intimation, keeping in view their particular responsibility for
completion of academic schedule.
10.3.5)