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Verification of SC/ST/OBC Caste Status or Claims of SCs, STs and OBCs

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RECENT ORDERS/CIRCULARS
* O.M. dated 23.01.2014 – Brochure on reservation for Scheduled Castes, Scheduled Tribes and OBCs in services
Brochure – 2014 >> Click here.
* O.M. dated 21.01.2014 – Identification of Scientific and Technical posts in terms of DOPT’s O.M. dated 23.06.1975, along with O.M. dated 23.06.1975
* O.M. dated 08.01.2014 – Identification of jobs or posts for persons with disabilities – review thereof
* Reservation for PWDs – O.M. dated 03.12.2013 – Reservation for Persons with Disabilities – Computation of Reservation – Hon’ble Supreme Court judgement in the matter of Union of India & Anr. Vs. National Federation of Blind

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I. Provisions in Chapter 8 of the new Brochure on Reservation for SC/ST/OBC in Services
II. Provisions in the DOPT’s O.Ms. On the Subject

Latest Orders: O.M. dated 10.01.2013 – Action against Government servants who get appointment on the basis of false SC, ST or OBC certificates

I. Provisions in Chapter 8 of the new Brochure on Reservation for SC/ST/OBC in Services

CHAPTER –8 OF THE BROCHURE ON RESERVATION FOR SCs, STs AND OBCs IN SERVICES
(Published by DOPT in September, 2011)

VERIFICATION OF THE CLAIMS OF SCHEDULED CASTES. SCHEDULED
TRIBES AND OTHER BACKWARD CLASSES

8.1 Any person who claims to belong to a Scheduled Caste or a Scheduled Tribe or Other Backward Class will have to produce a certificate to the Appointing Authority/Selection Committee/Board etc. in support of his claim so as to make him eligible for reservation and various relaxations and concessions.

8.2 The Caste/Tribe/Community certificate issued by the following authorities in the prescribed form for SCs/STs and for OBCs will only be accepted as proof in support of a candidate’s claim as belonging to the Scheduled Caste or the Scheduled Tribe or the Other Backward Class as given in Annexure-I and Annexure-II.

(i) District Magistrate/Additional District Magistrate/Collector /Deputy Commissioner/Additional Deputy Commissioner/ Deputy Collector/ 1st Class Stipendary Magistrate/Sub Divisional Magistrate/Taluka Magistrate/Executive Magistrate/Extra Assistant Commissioner.
(ii) Chief Presidency Magistrate/ Additional Chief Presidency Magistrate/Presidency Magistrate;
(iii) Revenue Officer not below the rank of Tehsildar; and
(iv) Sub-Divisional Officer of the area where the candidate and/or his family normally resides.

8.3 The appointing authorities should verify the caste status of a Scheduled Caste/ Scheduled Tribe / Other Backward Class candidate at the time of initial appointment and of an SC/ST officer at the time of promotion against reserved vacancy also. For this purpose, the caste and the community to which an SC/ST/OBC person belongs, his place of residence and the name of the State, should be pasted on the top of his service book, personal file or any other relevant document to facilitate such verification. It may be noted that a Scheduled Caste person, whose caste has been descheduled after his initial appointment as a Scheduled Caste, is no longer entitled to enjoy the benefit of reservation in promotions. The verification of caste-status at every important up-turn of employee’s career is necessary so that the benefit of reservation and other scheme of concessions, etc. should go only to the rightful claimants and not those who become disentitled to them.

8.4 The Appointing Authorities should, in the offer of appointment to the candidates claiming to belong to Scheduled Castes/Scheduled Tribes/Other Backward Classes include a clause as follows:

“The appointment is provisional and is subject to the Caste/Tribe/Community certificate being verified through the proper channels and if the verification reveals that the claim to belong to Scheduled Caste or Scheduled Tribe or Other Backward Class, 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 Penal Code for production of false certificates.”

8.5 An appointing authority may, if it considers necessary for any reason, verify the claim of a candidate through the District Magistrate of the place where the candidate and/or his family ordinarily resides. If after appointment in any particular case, the verification reveals that the candidate’s claim was false his services may be terminated in accordance with the relevant rules/orders.

8.6 As no person professing a religion different from the Hinduism or Sikhism or Budhism can be deemed to be a member of Scheduled Castes, the appointing authorities should stipulate in the letter of appointment issued to Scheduled Caste candidates that they should inform about the change, if any, of their religion to their appointing/administrative authority immediately after such a change. The serving scheduled Caste employees should be instructed to intimate change, if any, in their religion immediately to their appointing/administrative authorities.

CHAPTER 8

1 Para 5(7) of MHA O.M. No.42/21/49-NGS 28.1.1952
2 DOPT OM No. 36012/22/93-Est(Res) 15.11.1993
3 DOPT OM No.36033/4/97-Estt (Res) 25.7.2003
4 DOP&T O.M. No.36011/3/2005-Est(Res) 9.9.2005
5 DOPT OM No. 36011/3/2009-Estt(Res) 2.9.2009

Annexure-I to Chapter-8

FORM OF SCHEDULED CASTE/TRIBE CERTIFICATE

This is to certify that Slui/Shrimati*/Kumari* _______________________ son/daughter* of ______________________ village/town* ______________________ in District/Division* __________________________________ of the State/Union Territory* ____________________ belongs to the ___________________ Caste/Tribe which is recognized as a Scheduled Caste/Scheduled Tribe* under:

*The Constitution (Scheduled Castes) Orders, 1950:
*The Constitution (Scheduled Tribes) Order, 1950;
*The Constitution (Scheduled Tribes) (Union Territories) Order, 1950;
*The Constitution (Scheduled Tribes) (Union Territories) Order, 1951:
{as amended by the Scheduled Castes and Scheduled Tribes List (Modification Order, 1956, the Bombay Recoganisation Act, 1960, the Punjab Recoganisation Act, 1966, the State of Himachal Pradesh Act, 1970, the North Eastern Areas (Recognisation) Act, 1971 and the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976}
*The Constitution (Jammu and Kashmir) Scheduled Order, 1956;
*The Constitution (Andaman and Nicobar Islands) Scheduled Tribes Order, 1959 as amended by the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976;
*The Constitution (Dadra and Nagar Haveli) Scheduled Castes Order, 1962;
* The Constitution (Dadra and Nagar Haveli) Scheduled Tribes Order, 1962;
*The Constitution (Pondicherry) Scheduled Castes Order, 1964;
* The Constitution (Scheduled Tribes) (Uttar Pradesh) Order, 1967;
* The Constitution (Goa, Daman and Diu) Scheduled Castes Order, 1968;
* The Constitution (Goa, Daman and Diu) Scheduled Tribes Order, 1968;
* The Constitution (Nagaland) Scheduled Tribes Order, 1970.
* The Constitution (Sikkim) Scheduled Tribes Order, 1978.

2. Shri/Shrimati*/Kumari* _______________________________ and/or* his/her* family ordinarily reside(s) in village/town* ____________________________________ of _________________________________________ District/Division* of the State/Union Territory* of ______________________.

Signature ________________

Designation _____________________

(with seal of office)

State/Union Territory

Place _________________

Date __________________

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* Please delete the words which are not applicable.

Note: The term “Ordinarily resides” used here will have the same meaning as in Section 20 of the Representation of the Peoples Act, 1950.

Annexure-II to Chapter-8

FORM OF CERTIFICATE TO BE PRODUCED BY
OTHER BACKWARD CLASSES APPLYING FOR APPOINTMENT
TO POSTS UNDER THE GOVERNMENT OF INDIA

This to certify that Shri/Smt./Kumari _________________________________________ son/daughter of _________________________ of village/town ___________________ in District/Division ______________________ in the State/Union Territory _____________ belongs to the _______________________________ community which is recognised as a backward class under the Government of India, Ministry of Welfare Resolution No.12011/68/93-BCC(C) dated 10 th September, 1993 published in the Gazette of India, Extraordinary Part I Section I dated 13th September, 1993*. Shri/Smt./Kumari __________________________________ and/or his/her family ordinarily reside(s) in the _______________________________________________ District/Division of the _________________________________ State/Union Territory. This is also to certify that he/she does not belong to the persons/sections (Creamy Layer) mentioned in column 3 of the Schedule to the Government of India, Department of Personnel & Training OM No.36012/22/93-Estt(SCT) dated 8 9 1993*.

District Magistrate,
Deputy Commissioner, etc.

Dated:

                        Seal

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* as amended from time to time.

NOTE: The term “Ordinarily ” used here will have the same meaning as in Section 20 of the Representation of the Peoples Act, 1950.”

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II. Provisions in the DOPT’s O.Ms. On the Subject

(A) DOP&T O.M. No.36011/3/2009-Estt. (Res.) dated 02.09.2009 regarding castes certificates produced by candidates

“The undersigned is directed to say that this Department’s O.M. No.36012/6/88-Estt.(SCT) dated 24.4.1990 and O.M. No.36012/22/93-Estt.(Res.) dated 15.11.1993 provide that the Caste/Tribe/Community certificates in the pro forma prescribed and issued by any of the authorities stated in the said OMs will only be accepted by the appointing authorities as sufficient proof in support of a candidate’s claim to belong to Scheduled Caste/Schedule Tribe/Other Backward Class. It has been brought to the notice of this Department that some Organisations do not accept the certificates in the pro forma so prescribed and ask the candidates to submit certificates in some other format. It is emphasised that instructions referred to above should be followed scrupulously.

2. All the Ministries/ Departments etc. are requested to bring the contents of this OM to the notice of all concerned.”

(B) DOP&T O.M. No.36011/3/2005-Estt.(Res.) dated 09.09.2005 regarding 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 Castes/Tribes. The O.M. 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 schemes 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 SCIST 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 O.M. No.3603314197-Estt.(Res.) dated 26 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.36012/6188-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 O.M. No.3603314197-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 some candidates continue to get the benefits available to the Scheduled Castes/Scheduled Tribes even after losing the status of SCIST. 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.”

(C) DOP&T O.M. No.36036/8/98-Estt.(Res.) dated 16.3.1999 regarding verification/acceptance of caste certificates produced by candidates

“The undersigned is directed to say that the Government has decided to accept the following recommendation of the National Commission for Scheduled Castes and Scheduled Tribes contained in its Third report:-

“The Government of India should also issue and reiterate instructions to all its Ministries/Departments and Public Sector Enterprises educational and professional institutions and other bodies under its control to take necessary steps for proper verification of Caste/community certificates and for taking suitable action against the offenders. Suitable instructions on similar lines should also be issued to the State/UTs. It is all the more necessary to check the certificates at the time of entry in educational institutions, where the false caste certificates holders can really deprive the deserving candidates of an opportunity to gain knowledge and skills and subsequently to secure employment.”

2. Attention is invited to Ministry of Home Affairs O.M. No.42/34/52-NGS dated 17th April, 1953, according to which the Scheduled Castes and Scheduled Tribes should be appointed provisionally on the basis of whatever prima facie evidence they are able to produce in support of their claim to be belonging to SCs and STs and that such claim should then be verified through the District Magistrates of the places where they and/or their families are ordinarily resident in the prescribed manner. If in any particular case the verification reveals that the candidate’s claim is false, his services should be terminated.

3. Attention is also invited to O.M. No.36012/6/88-Estt.(SCT) dated the 24.4.90, according to which the appointing authorities should, in the offer of appointment, 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.”

4. Ministry of Agriculture, etc. are requested to strictly observe the above quoted instructions regarding verification of caste certificates and also bring the same to the notice of all concerned.”

To access copies of the DOPT’s relevant O.Ms., including the above-quoted O.Ms./Circulars, please click on the following links:-

* Circulars/Orders on Reservation/Relaxations/Concessions for SCs/STs/OBCs and SCs/STs
* OBCs and PWDs (Handicapped) – Circulars/Orders/Instructions 

Forms of Caste Certificate (for SCs/STs) and Application Forms for SC Certificate (Delhi Government)Please click here.

Form of OBC Certificate (Central Govt.) and Application Form for obtaining OBC Certificate (Delhi Government) – Please click here.

Note:-

1. Other extant instructions/guidelines issued by the Government on the subject, wherever applicable, would be in force.
2. The above-mentioned guidelines are not comprehensive and are meant for general information only. They do not purport to be authentic interpretation of the extant government instructions/guidelines in force.
3. The above information may not be construed as a legal advice and it is subject to the terms and conditions of Disclaimer of Dtf.in. If you have a
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