Chapter III VACANCY MANAGEMENT

Determination of vacancies :

1. (1) Vacancies for the purpose of transfer and posting under this Act shall be determined with reference to-
   • (a) sanctioned strength;
   • (b) working strength;
   • (c) institutional requirement; and
   • (d) staffing norms, in such manner as may be prescribed and on the basis of verified establishment and service records maintained by the Department.
2. (2) The determination of vacancies shall be carried out by the Competent Authority in accordance with the provisions of this Act and the rules made thereunder.

Classification of vacancies : Vacancies shall be classified as follows, namely:-

1. (a) Actual Vacancies, arising due to retirement, promotion, resignation, death, creation of new posts, or resulting in a clear vacancy against a sanctioned post and duly reflected in the official establishment records;
2. (b) Deemed Vacancies, arising due to completion of prescribed tenure, declaration of surplus staff, deputation, suspension, long leave, or as may be prescribed, necessitating temporary or consequential adjustment of manpower; and
3. (c) Voluntary Deemed Vacancies, arising from transfer requests voluntarily made by employees and formally accepted by the Competent Authority in accordance with this Act and subject to administrative feasibility.

Annual declaration of vacancies :

1. (1) Vacancies determined under this Chapter shall be consolidated and published through the Teachers' Registry Portal in such manner and within such time as may be prescribed.
2. (2) The vacancy position so published shall form the basis for planning and effecting transfers for the relevant year and shall ordinarily remain operative for that transfer cycle unless revised for recorded administrative exigency.

Finality of vacancy determination :

1. (1) The decision of the Competent Authority in respect of determination and classification of vacancies shall be final for the purposes of this Act.
2. (2) Nothing contained in sub-section
3. (1) shall prevent correction of clerical, arithmetical, or factual errors detected subsequently within such time and in such manner as may be prescribed.