Verification of claims of Candidates under SC/ST and OBC reservation

Personnel Ministry reitrates instructions on verification of claims of candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes for purpose of appointment to posts/services.

Ministry of Personnel, Public Grievances and Pensions issued an OM on Reiteration of the instructions on verification of claims of candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes for purpose of appointment to posts/services:

 

No.36011/1/2012-Estt.(Res.)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

Establishment Reservation – I Section

North Block, New Delhi-110 001

Dated the 8th October, 2015.

OFFICE MEMORANDUM

Subject: Reiteration of the instructions on verification of claims of candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes for purpose of appointment to posts/services.

The undersigned is directed to say that as per extant instructions where a candidate belonging to a Scheduled Caste (SC), Scheduled Tribe (ST) and Other Backward Classes (OBC) is unable to produce a certificate from any of the prescribed authorities, he/she may be appointed provisionally on the basis of whatever prima-facie proof he/she is able to produce in support of his/her claim subject to his/her furnishing the prescribed certificate within a reasonable time. Instructions have been issued vide DoPT’s letter No.36022/1/2007-Estt’.(Res.) dated 20.3.2007 to the Chief Secretaries of all States/UTs for streamlining the system of verification of caste certificates so that unscrupulous non-SC/ST/OBC persons are prevented from securing jobs meant for SCs/STs/OBCS by producing false certificates. Timely and effective verification of caste status is necessary so that the benefit of reservation and other scheme of concessions etc. go only to the rightful claimants.

2. In this regard, attention is invited to the instructions contained in the following Office Memoranda/Orders issued by this Department from time to time. A copy each of the Office Memoranda is enclosed:-
(i) OM No. 36019/7/75-Estt. (SCT) dated 31.10.1975
(ii) OM No. 3601 1/ 16/80 – Estt. (SCT) dated 27.02.1981
(iii) OM No. 36011/3/2005-Estt. (Res) dated 09.09.2005
(iv) OM No. 36012/6/88-Estt.(SCT) dated 24.4.1990
3. Instances have been brought to the notice of this Department that despite the aforesaid instructions, the appointments of the candidates belonging to SC/ST/OBC communities are with-held/delayed due to pending caste certificates verification.

4. It is, therefore, reiterated that in the situation where a candidate belonging to a Scheduled Caste, Scheduled Tribe and Other Backward Classes is unable to produce a certificate from any of the prescribed authorities, he/she may be appointed provisionally on the basis of whatever prima-facie proof he/she is able to produce in support of his/her claim subject to his/her furnishing the prescribed certificate within a reasonable time and if there is genuine difficulty in his/her obtaining a Certificate, the appointing authority should itself verify his/her claim through the District Magistrate concerned.

5. All Ministries/ Departments are requested to bring the contents of this O.M. to the notice of all concerned.

(G. Srinivasan)

Deputy Secretary to the Government of India

Department of Personnel & Administrative Reforms O.M. No. 36019/7/75-Estt. (SCT) dated 3lst October, 1975 to all Ministries etc.

Subject :-Verification of claims of candidates belonging to Scheduled. Castes and Scheduled Tribes for purpose of appointment to posts/services.

The undersigned’is directed to say that candidates belonging to Scheduled Castes and Scheduled Tribes have to produce a certificate in the prescribed form issued by one of the prescribed authorities in support of their claim of belonging to 3 Scheduled Caste/Scheduled Tribe vide Appendix l4 and l5 of the Brochure on Reservation for Scheduled Castes and Scheduled Tribes in services. 4th edition. In this connection attention of the Ministry of Finance etc. is also invited to the content of the Ministry of Home Affairs Office Memorandum No. 13/2/57-SCT(I), dated the 25th May. 1960 and No. 13/2/61:-SCT(I). dated the 18th November. 1961 which pro- vide that where a candidate belonging to scheduled Caste and Scheduled Tribe is unable to produce a certificate from any of the prescribed authorities. he may be appointed provisionally on the basis of whatever primafacie proof he is able to produce in support of his claim subject to his furnishing the prescribed certificate within a reasonable time. and if there is genuine difficulty in his obtaining a certificate. the appointing authority should itself verify his claims through the District Magistrate concerned. The instructions contained in the aforementioned. Office Memorandum are again brought to the notice of the Ministries. Department etc.

Department of Personnel & A.R. No. 36011/16/80-Estt. (SCT) dated 27-2-81

Subject-Descheduling of came of Scheduled Caste person after his initial appointment-Question of verification of caste at the time of making subsequent promotions.

With reference to the above subject, the undersigned is directed to say that instances have come to the notice of the Government where a Scheduled Caste person whose caste has been de-scheduled long ago was promoted against a reserved vacancy though he no longer was a member of the Scheduled Caste. Instances have also come to the notice of the Government where a person professing a religion other than the Hindus and Sikhs was appointed against a Scheduled Castes vacancy though the fact of his belonging to any other religion other than the Hindus and Sikhs did not entitle flat to claim the benefits of being Scheduled Castes. Obviously,these have occurred due to the appointing authorities not scmtinising the caste certificate of the person to be appointed or promoted.

It has now been decided that the appointing authorities should verify the caste status of a Scheduled Castes/Tribes officer at the time of initial appointment and promotion against a vacancy reserved for Scheduled Caste/Tribe. For’this purpose, the caste and the community to which a SC/ST person belongs, his place of residence and the’name of the State. should be pasted on the top of the service book personal file or any other relevant document covering its employee to facilitate such verification. It maybe mentioned that a Scheduled Caste person, whose caste been descheduled after his initial appointment as Scheduled Caste, is no longer entitled to enjoy the benefit of reservation in promotions. This verification of caste status at every important upturn of employee’s career is necessary so that the benefit of reservation and other scheme of concessions etc. meant for SC/ST should go only to the rightful claimants and not those, who became dis-entitled to them.

3. M/O. Finance etc. are requested to bring the about position’to the notice of all attached and subordinate offices under them.

No.36011/372005-Estt.(Res.)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

New Delhi, the 9th September, 2005.

OFFICE MEMORANDUM

Subject:- Verification of caste status of Scheduled Caste. Scheduled Tribe and Other Backward ‘ Class candidates at the time of initial appointment/promotion.

Attention is invited to Department of Personnel and Administrative Reforms (now Department of Personnel & Training) O.M. No.-36011/16/80- Estt.(SCT) dated 27th February. 1981 which provides that the appointing authorities should verify the caste status of a Scheduled Caste/Tribe candidate at the time of initial appointment and promotion against a vacancy reserved for Scheduled Caste/ Tribes. The CM. clarifies that a Candidate who entered into service as an SC/ST candidate may discontinue to be so if the caste/community to which he belongs is descheduled subsequently. A Scheduled Caste candidate also loses his status of Scheduled Caste if he embraces a religion other than Hinduism, Sikhism or Buddhism. Though such officers who lose the status of SC or ST after entering into service are required to inform the Government about it, many of them do not do so. In the absence of necessary vigil. there are possibilities of non-SC/ST candidates getting benefit of reservation and various concessions in the matter of promotion. Therefore, verification of caste status at every important upturn of employee’s career is necessary so that the benefit of reservation and other scheme of concessions, etc. meant for SCs/STs go only to the rightful claimants and not those who become disentitled to them. With a view to facilitating such verification, the caste/community to which the SC/ST person belongs, his place of residence and the name of the State should be pasted on the top of the Service Book, personal file and other relevant documents relating to the employee. Attention is’ also invited to this Department’s OM.No.36033/4/97-Estt.(Res.) dated 25th July, 2003 which provides that caste/community status and creamy layer status of OBC candidates should be verified at the time of initial appointment.

2. This Department’s O.M. No.36012/6/88-Estt.(SCT) dated 24th April, 1990 provides that the appointing authorities should. in the offer of appointment to the candidates claiming to be belonging to Scheduled Castes/Scheduled Tribes,include a clause as follows:
“The appointment is provisional and is subject to the caste/tribe certificate being verified through the proper channels and if the verification reveals that the claim to belong to Scheduled Caste/Scheduled Tribe, as the case may be. is false, the services will be terminated forthwith without assigning any further reasons and without prejudice to such further action as may be taken under the provisions of the Indian Panel Code for production of false certificates.”
Likewise this Department’s OM. No.36033/4/97-Estt.(Res.) dated 25th July, 2003 provides that in case of the offer of appointment to the candidates claiming to belong to Other Backward Classes, a clause as follows should be included:
“The appointment is provisional and is subject to the community certificate being verified through the proper channels. If the verification reveals that the claim of the candidate to belong to Other Backward Classes or not to belong to creamy layer is false, his/her services will be terminated forthwith without assigning any further reasons and without prejudice to such further action as may be taken under the provisions of Indian Panel Code for production of false certificates.”
3. it has been brought to-the notice of the Government that some candidates manage to secure employment under the Government against the vacancies reserved for SCs/STs/OBCs by producing false caste/community certificates and same candidates continue to get the benefits available to the Scheduled Castes/Scheduled Tribes even alter losing the status of SC/ST. The undersigned is directed to say that instructions referred to above should be scrupulously followed so that it may not be possible for any non SC/ST/OBC candidate to secure employment or get benefit of promotion or concessions on the basis of a false claim to belong to these categories and if any -person gets an appointment on the basis of such false claim, his services may be terminated as per conditions contained in the offer of appointment.

4. Contents of this O.M. may be brought to the notice of all concerned.

(K.G. Verma)

Deputy Secretary to the Government of India

Department of Personnel and Training OM No. 36012/6/88-Estt (SCT) dated the 24-4-90

Subject -Verification/acceptance of castes certificates produced by candidates.

It has been brought to the notice of the government that there are cases in which candidates have produced false caste certificates as belonging to Scheduled Castes/Scheduled Tribes and secured Central Government jobs against vacancies reserved for SCs/STs Instructions already exist which provide that the services of the candidates claiming to be belonging to SCs/STs would be terminated, if their claims are found to be false on subsequent verification through District Magistrates.

2. At present the following certificates can be accepted by the appointing authorities as sufficient proof in support of candidate’s claim as belonging to SC/STs.

Matriculation or school leaving certificate or birth certificate giving the caste/community of the candidate and the place of his residence.

3. It has now been decided that henceforth the certificates as mentioned in pan 2 above should not be accepted as proof of caste at the time of initial appointment The Caste/Tribc certificates issued by the following authorities in the prescribed form in Appendix 14 of the Brochure on Reservation for Scheduled Castes/ Scheduled Tribes (Seventh Edition) will only be accepted.
(1) District Magistrate/Additional District Magistrate/Collector Deputy Commissioner/Additional Deputy Commissioner/Deputy Collector 1st Class Stipendary Magistrate/Sub Divisional Magistrate/Executive Magistrate/Extra Assistant Commissioner,

(2) Chief Presidency Magistrate/Additional Older Presidency Magistrate/Presidency Magistrate.

(3) Revenue Officer not below the rank of Tehsildar, and
(4) Sub-Divisional Officer of the area where the candidate and/or his family normally resides

4. It has also been decided that henceforth the appointing authorities should, in the offer of appointment to be candidates claiming to be belonging to Scheduled Castes/Scheduled Tribes, include a clause as follows;
“The appointment is provisional and subject to the castes/tribe certificates being verified through the proper channels and if the verification reveals that the claim to belong to Scheduled Caste/Scheduled Tribe, as the case may be, is false, the services will be terminated forthwith without assigning any further reasons and without prejudice to such further action as maybe taken under the provisions of the ‘Indian Penal Code for production of take certificates”.
5. Ministries/Departments are requested to note for strict compliance.

Download Personnel Ministry OM No.36011/1/2012-Estt.(Res.) dated 08.10.2015