Chapter V MANDATORY SERVICE NORMS

Mandatory service obligation :

1. (1) Every teacher/employee appointed under this Act shall be subject to mandatory service obligations in Hard Area, Middle Area, or Soft Area schools, in accordance with the provisions of this Chapter.
2. (2) Initial Hard Area Posting for New Recruits Every newly recruited teacher/employee shall, be posted to a Hard Area school and shall mandatorily serve a continuous period of not less than three
3. (3) years in such Hard Area school unless exempted under Section 14.
4. (3) Aggregate Hard Area Service Requirement Every teacher/employee shall complete an aggregate period of not less than ten
5. (10) years of service in Hard Area schools during the entire span of his or her service.
6. (4) Balance Service Period After completion of the mandatory Hard Area service under sub-sections
7. (2) and (3), the remaining service period, shall be regulated in Hard, Middle, or Soft Area schools, subject to availability of sanctioned vacancies, institutional requirement, and administrative exigency and shall not be claimed as a matter of right.
8. (5) No teacher/employee shall claim posting in school, area, or district as a matter of right after completion of mandatory service.

Action for non-compliance :

1. (1) Failure or refusal to comply with mandatory service obligations under this Chapter shall constitute a violation of statutory service conditions.
2. (2) Without prejudice to applicable service rules, the Government may initiate one or more of the following actions against a defaulting teacher/employee, namely:-
   • (a) withholding salary;
   • (b) withholding or deferment of increments;
   • (c) denial or deferment of promotion or financial upgradation;
   • (d) initiation of disciplinary proceedings under the applicable service rules; Provided that any such action shall be proportionate and in accordance with the applicable service rules.
3. (3) No proposal relating to promotion, transfer, deputation, or retirement benefits shall be processed unless compliance with mandatory service obligations is certified in the manner prescribed.

Exemption from mandatory service :

1. (1) The Government may, in exceptional circumstances grant limited exemption from mandatory service obligations in public interest or on humanitarian grounds as may be prescribed.
2. (2) The grounds, procedure, extent, and conditions of exemption shall be such as may be prescribed.
3. (3) Grant of exemption under this section shall not create a precedent or vested right and shall be case-specific.