Bihar Engineering Service (Bihar Public Health Engineering Service, Class II) Rules, 1939
Part I"Service" means the Public Health Engineering Service. "Commission" means the Public Service Commission, Bihar. 1. The Service shall be recruited- (i) by direct recruitment in accordance with the rules in Part II, or (ii) by the promotion or transfer of officer already in Government service, permanent or temporary, in accordance with the rules in Part III. 2. The Governor shall decide in each year the number of vacancies in the Service to be filled in that year by direct recruitment and by promotion respectively.
Part II3. Except under the special orders of the Governor, a candidate for appointment to the Service must be a citizen of the Indian Union. 4. A candidate must-
(a) be of an age not below twenty-three years and not exceeding twenty-five years on the first day of August in the year in which applications are invited provided that if he satisfies the Commission that he requires no further practical training in Engineering, he may be of an age not exceeding twenty-six years on that date; provided Government may in special cases relax the age-limit; provided that in the case of candidates belonging to the Scheduled Castes and backward tribes, the upper age-limit shall be under 28 years.Explanation. - (i) For the purposes of this rule and rule 10 "Scheduled Castes" shall have the same meaning as in the Government of India (Scheduled Castes) Order, 1936; and (ii) "backward tribes" shall have the same meaning as in the Constitution of India.
(b) be of good character;
(c) be of sound health, good physique, active habits and free from organic defects or bodily infirmity; and
(d) (i) hold a degree in Civil Engineering from an Indian University or a diploma in Civil Engineering from an Indian Engineering College; or,
(ii) be an Associate Member of the Institution of Engineers, India, or have passed Sections 'A' and 'B' of the Associate Membership Examination of the Institution of Engineers (India) or possess any other educational qualifications recognized by the Institution of Engineers (India) as being equivalent to a pass in Sections 'A' and 'B' of the Associate Membership Examination; or,
(iii) hold a degree or a diploma from a Civil Engineering College in the United Kingdom; or
(iv) hold one of the qualifications enumerated in Annexure to these rules.Persons who hold posts in Government service in a temporary or officiating capacity or on probation are eligible to apply for direct appointment, subject to the provisions of this rule. Persons who have been confirmed in Government service are not so eligible except that-
(i) members of the Subordinate Engineering Service and (ii) members of other services, possessing qualifications specified in clause (d), are eligible for appointment by promotion or by transfer in accordance with the procedure laid down in Part III of these rules.5. The Commission shall announce in such manner as they think fit the number of vacancies in the Service to be filled by direct appointment in each year, and shall invite applications from candidates eligible for appointment under rules 3 and 4. 6. (a) Every candidate shall submit his application in his own handwriting in the prescribed form to the Secretary to the Commission so as to reach him not later than such date as may be notified by the Commission in this behalf in each year.
Note. - The prescribed form and a copy of these rules are obtainable from the Secretary to the Commission.
(b) The application shall be accompanied by a Treasury Challan for Rs. 5 as application fee, which will not be refunded. When the fee has been paid on a first application no fee shall be payable on a subsequent application for the Service. The fee of Rs. 5 shall be credited to the Government of Bihar under the head [XXXVI-Miscellaneous-Miscellaneous Departments (Provincial)-Examination Fees-Fees realised by the Public Service Commission].
(c) With his application a candidate must submit-
(i) evidence that he holds one of the educational qualifications referred to in clause (d) of rule 4;
(ii) certificates of character and conduct from the heads of all the colleges at which he has studied since he passed the Matriculation Examination;
(iii) evidence in the form of an acknowledgement from the District Officer of the district in which he ordinarily resides, or in which he claims to be domiciled, that he has, not later than 14 days before the date fixed under clause (a), requested that officer to report to the Commission before the said date whether his character and antecedents are such as to render him suitable for appointment to the service for which he is a candidate;
Note. - While requesting the District Officer to furnish a report to the Commission on his character and antecedents, a candidate should furnish as references the names of two persons who know him in private life and are not near relatives. A candidate must not file written testimonials and the reference furnished by him should not include College Professors or Principals unless they know the candidate at home.
(iv) a certificate of health and fitness from a registered medical practitioner, in the prescribed form;
Note. - Forms of the certificate of health and fitness may be obtained from the Secretary to the Commission.
(v) evidence of age, which should ordinarily be the original Matriculation Certificate;
(vi) if he claims to be eligible for appointment under clause (b) of rule 3, a certificate of domicile granted by the District Officer of the district in which he claims to be domiciled;
(vii) if he claims to be eligible for appointment under clause (c) of rule 3, evidence to show that he is so qualified; and
(viii) the certificate and other documents required should ordinarily be submitted in original. If any certificate or other document required cannot for any reason be submitted in original, a true copy of it may be sent but in that case the copy should bear a certificate from a gazetted officer stating (a) that he has seen the original and that the copy is a true copy and (b) the reason why the original cannot be sent with the application.7. The Commission shall consider all applications received and shall interview such candidates as they consider suitable for appointment: Provided that the Government may if it thinks fit appoint an officer to represent the Department. The officer so appointed shall be present at the interview and shall advise the Commission on the apparent fitness of the candidates with reference to the special qualifications required in the Service but he will not be responsible for the selection of the candidate if the Commission differs from the advise of the officer in respect of any candidate, they shall, when submitting their recommendations to Government, state their reasons for so doing. 8. From among the candidates interviewed, the Commission shall select such number of candidates as may be fixed by the Governor. 9. The Commission shall submit to the Governor a list of candidates selected by them arranged in order of preference together with their applications. This list shall be submitted by such date in each year as the Governor may direct. 10. The Commission shall, while submitting recommendations under rule 9, consider the claims of qualified candidates belonging to the Scheduled Castes, backward classes, backward tribes and Muhammadans. If the list of nominees submitted under rule 9 does not contain a reasonable number of candidates belonging to the aforesaid castes, classes, tribes and communities, a supplementary list shall be submitted nominating a sufficient number of such candidates as, in the opinion of the Commission attain the required standard of qualifications and are fit for appointment. The Commission shall further state how the candidates on the supplementary list compare with the candidate who is the lowest on the main list submitted under rule 9. 11. (a) The final selection of candidates shall be made by the Governor from amongst the candidates mentioned in the list submitted by-the Commission under rule 9 or in respect of whom a report has been submitted in accordance with rule 10.
(b) Every candidate so selected shall be examined by a Medical Board. A candidate who fails to satisfy the Board shall not be appointed.
Promotion of Officers already in Government Service12. (a) The Chief Engineer shall nominate for appointment to the Service such number of officers not exceeding one and a half times the number of vacancies to be filled as may be fixed in each year by the Governor. The officers nominated by the Chief Engineer will be arranged in order of preference.
(b) The Chief Engineer shall send all papers relating to the candidates nominated by him direct to the Commission together with relevant papers of any officer whose supersession is proposed and shall at the same time submit a list of such candidates to the Governor.13. The Commission shall advise the Governor in respect of each candidate nominated whither his qualifications are sufficient and whether his record proves him to have the requisite character and ability for the Service. 14. The final selection of officers to be promoted shall be made by the Governor after considering the recommendations made by the Commission under rule 13.
General15. Any attempt on the part of a candidate to enlist support for his application through persons of influence or in any other manner will disqualify him for appointment.
[See Rule 4(d)III]
List of Qualifications1. Associate Membership of the Institution of Civil Engineers. 2. Any of the following degrees :-
(a) The B.A. degree (final) Honours School in Engineering Science of the University of Oxford.
(b) The B.Sc. degree in Engineering of the University of Glassgow.
(c) The B.Sc. degree in Engineering of the University of Edinburgh.
(d) The B.Sc. degree in Engineering of the University of London (either the ordinary or Honours degree for internal students), nor the B.Sc. degree in Engineering (Mining) nor the B.Sc. degree in Engineering (Metallurgy).
(e) The B.Sc. degree in Civil or Mechanical Engineering of the University of Bristol (ordinary or Honours degree).