Section 20State of Tamilnadu- Act Act

Section 20: Qualifications

Tamil Nadu Government Servants (Conditions of Service) Act, 2016

Qualifications.

(1)

The minimum general educational qualification wherever referred to in the special rules shall mean the qualification specified in Schedule-III.

(2)

Where the special rules for any service prescribe the possession of the minimum general educational qualification referred to in sub-section (1) as a qualification for appointment as full member in such service or in any class or category thereof or for promotion to any other class or category in such service or for appointment by transfer to any other service, a person who is already a member of a service who does not possess the minimum general educational qualification, but who is certified by the head of the department concerned to be otherwise deserving of appointment as full member or promotion or transfer, as the case may be, shall be deemed to possess the minimum general educational qualification, if he appears for the examination of the S.S.L.C. Standard conducted by the Commission and obtains the minimum percentage of marks specified below:-

Subject for the Examination	Minimum percentage of marks
(1) English	35
(2) General knowledge	35

Provided that persons in service without adequate knowledge of Tamil or whose knowledge of Tamil is not of such standard as to write the examinations referred to in this sub-section in Tamil may write them in any one of the languages, namely, Telugu, Malayalam, Kannada, Urdu or Hindi and they need not pass the language test in Tamil on their appointment to higher post by transfer or promotion.

(3)

The rule relating to possession of minimum general educational Qualification will not be relaxed in any case of appointment to a higher post from a lower post.

(4)

No person shall be eligible for appointment to any service by direct recruitment unless he satisfies the Commission in cases where the appointment has to be made in consultation with it or the appointing authority, in other cases-

(i)

that his character and antecedents are such as to qualify him for such service;

(ii)

that such a person does not have more than one wife living or if such a person is a woman, that she is not married to any person who has a wife living;

(iii)

that such a person satisfies the age prescribed in the special rules on the first July of the year in which the vacancy is notified; and

(iv)

that, notwithstanding anything contained in the special rules, such a person also possesses the qualifications including experience prescribed for a post, on the date of notification of the vacancy:

Provided that the candidates who have written the final year degree examination shall be admitted to the preliminary examination for recruitment to the posts included in Group I Service conducted by the Commission, subject to the condition that such candidates shall produce proof of having passed the degree examination, with their application for the main written examination, failing which they will not be admitted to the main written examination.

(5)

No person shall be eligible for appointment to any service by direct recruitment unless he satisfies the appointing authority regarding his physical fitness for the post for which production of physical fitness certificate is prescribed, whether such post is within or outside the purview of the Commission:Provided that Differently abled persons may be appointed if the defect is not such as it would render the candidates unfit for efficiently discharging the duties attached to the post and their fitness for service is assessed on the basis of the nature and degree of their disability and their functional capacity relating to the job which they seek.

(6)

(a)

No person shall be eligible for appointment to any service by direct recruitment, unless he has completed eighteen years of age on the first July of the year in which the vacancy is notified.

(b)

No person shall be eligible for appointment to any service on compassionate grounds, unless he has completed eighteen years of age on the date of submission of application, to the appropriate authority within the period of three years from the date of death of the Government servant.

(7)

A candidate for appointment to a post under the State shall be,-

(a)

a citizen of India, or

(b)

a subject of Nepal, or

(c)

a subject of Bhutan, or

(d)

a person of Indian origin who has migrated from Pakistan, Myanmar, Sri Lanka, or East African Countries of Kenya, Uganda, the United Republic of Tanzania, Zambia, Malawi, Zaire and Ethiopia with the intention of permanently settling in India:

Provided that a candidate specified in clauses (b), (c) and (d) shall be a person in whose favour a certificate of eligibility has been given by the Government:Provided further that a candidate in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the Commission or other recruiting authority and he may also provisionally be appointed subject to the necessary certificate being given to him by the Government.

(8)

The maximum age limit prescribed in the special rules shall not apply-

(i)

to the appointment of a candidate belonging to any of the Scheduled Castes, Scheduled Tribes, Backward Class Muslims, Backward Classes, Most Backward Class or Denotified Communities or of destitute widows of all castes to a post included in a service for which the special rules prescribe a qualification lower than a degree of any University recognized by the University Grants Commission, if such candidate possesses a general educational qualification which is higher than that referred to in sub-section (1) and he is otherwise qualified for appointment; or

(ii)

to the appointment to a post included in a service of a candidate belonging to any of the Scheduled Castes, Scheduled Tribes, Backward Class Muslims, Backward Classes, Most Backward Classes and Denotified Communities or of destitute widows of all castes who holds a degree of any University recognized by the University Grants Commission, if the degree he holds is not lower than the degree prescribed in the special rules for appointment to such post and if he is otherwise qualified for appointment:

Provided that, for direct recruitment to a post included in a service for which the minimum qualification required is not higher than the minimum general educational qualification, the age limit prescribed shall be increased by five years in respect of candidates belonging to Scheduled Castes or Scheduled Tribes or in respect of destitute widows of all castes, who do not possess a general educational qualification, which is higher than the minimum general educational qualification:Provided further that for direct recruitment to a post included in a service for which the minimum qualification required is not higher than the minimum general educational qualification, the age limit prescribed shall be increased by two years in respect of candidates belonging to Backward Class Muslims, Backward Classes, Most Backward Classes or Denotified Communities, who do not possess a general educational qualification, which is higher than the minimum general educational qualification.Explanation-I. - (i) For the purpose of this section, "destitute widow" shall mean a widow whose total monthly income from all sources shall not be more than Rs.4,000/- (Rupees four thousand only) including any family pension or other receipts including income from private practice in the case of professionals, but shall not include a divorcee.

(ii)A "destitute widow" shall include a candidate born outside the State of Tamil Nadu and became a widow after her marriage to a person belonging to the State of Tamil Nadu and residing permanently in the State of Tamil Nadu and shall also include a candidate born in the State of Tamil Nadu and became a widow after her marriage to a person belonging to any other State and settled permanently in the State of Tamil Nadu, but shall not include a candidate belonging to other State not covered under the above said categories.

(iii)

Every candidate claiming to be a "destitute widow" shall produce a certificate in the Form specified in Schedule-X, from the Revenue Divisional Officer or the Assistant Collector or the Sub-Collector concerned.

Explanation-II. - (i) For the purpose of clause (i) of sub-section (8), a pass in the Pre-University Examination or Higher Secondary Examination or Diploma awarded by the State Board of Technical Education and Training, Tamil Nadu or by any Institution or Board recognised by the Government or any other State Government or the Central Government shall be deemed to be a qualification higher than that referred to in sub-section (1).

(ii)To the appointment, in special circumstances to be recorded in writing, of a person selected for appointment to one service or a class or category thereof to another service or a class or category thereof, the qualifications prescribed for appointment to which are identical with those prescribed for appointment to the former service, class or category.

(9)

(i)

In the case of a candidate who has rendered war service, the period of his war service shall be excluded in computing his age for appointment;

(ii)

A candidate who is appointed temporarily under sub-section (1) of section 17 and takes up military duty shall, on discharge from such military duty, be entitled to deduct the period of his military duty for the purpose of computing his age for appointment; and

(iii)

A candidate who is appointed temporarily under sub-section (1) of section 17 and takes up duty in General Reserve Engineer Force under the Border Roads Development Board of the Central Government shall, on discharge from such service on completion of their tenure as stipulated by the Central Government, be entitled to deduct the period of his service, in the General Reserve Engineer Force for the purpose of computing his age for appointment, provided they had put in at least six months service in the General Reserve Engineer Force.

(10)

In the case of extra temporary employees already discharged or facing retrenchment from the Census Organisation in the State, a period of three years shall be excluded in computing their age for appointment, provided they have rendered temporary service of not less than six months in the Census Organisation in the State:Provided that persons availing themselves of the concession under this subsection shall be eligible for only one chance to appear for the competitive examination conducted by the Commission.

Sec 19 — Appointment by agreement

Sec 21 — Linguistic qualification

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