Caste/ Community Certificate: Timely Verification
No.2021-E(SCT)I/25/2, dated 11.04.2023
Sub: Timely verification of Caste/ Community Certificate – regarding.
Ref: Railway Board’s letter of even number dated 16.06.2021.
1. A copy each of Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training)’s Office Memorandum Nos.41034/1/2022-Estt.(Res-I) and 41034/1(ii)/2022-Estt.(Res-I) both are dated 29.03.2023 regarding the above subject is enclosed herewith fro information and necessary action.
2. The above instructions may be given wide publicity among all the concerned to ensure strict compliance.
Please acknowledge receipt.
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training ESTT.(Estt. Reservation-I)
No.41034/1/2022-Estt.(Res-I), dated 29 March, 2023
OFFICE MEMORANDUM
Sub: Timely verification of Caste/ Community Certificates – regarding.
1. I am directed to say that Government of India has been issuing instructions to all the States/ UT Government for streamlining the process of verification of Caste certificate and ensuring its timely completion.
2. In this regard, this Departments’ letter No.41034/4/2020-Estt.(Res-I), dated 19.03.2021, addressed to the Chief Secretaries of all States/ UTs and letter No.41034/2/2022-Estt.(Res-I), dated 21.10.2022, addressed to the Secretaries (General Administrative Departments) of all States/ UTs may be referred vide which attention of all the States/ UT Governments was invited towards some cases of withholding of pensionary benefits of the employees of the Central Government belonging to ST category due to pendency of their caste verification process at the end of concerned State Government. The concern and the serious view taken by the Parliamentary Committee on the Welfare of SC and ST in this regard was also communicated to the State/ UT Governments vide the aforesaid letters. Copies of the aforesaid two letters are attached.
3. Now, the Parliamentary Committee on the Welfare of SC and ST, vide its recommendations in its 21st Report (17th Lok Sabha), has reiterated its earlier recommendations for timely completion of caste verification process.
4. The State/ UT Governments have been requested from time to time that they are required to ensure at their own level that veracity of the Caste/ Community certificate referred to the district authorities is verified and reported to the appointing authority within one month of receipt of request from such authority. The State/ UT Governments are also required to initiate disciplinary proceedings against the officers of the State who default in timely verification of Caste Status.
5. In view of the above, all the State/ UT Governments are once again requested to ensure adherence to the aforesaid instructions and ensure that veracity of the Caste/ Community certificate referred to the district authorities is verified and reported to the appointing authority within one month of receipt of request from such authority.
6. This issues with the approval of Secretary (P).
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training ESTT.(Estt. Reservation-I)
No.41034/1(ii)/2022-Estt.(Res-I), dated 29 March, 2023
OFFICE MEMORANDUM
Sub: Timely verification of caste/community certificate – regarding
1. In order to ensure that the benefit of reservation and other schemes of concessions, etc. meant for SCs/STs/OBCs go only to the rightful claimants, it is necessary to ascertain the caste verification status of an employee. Hon’ble Supreme Court, vide its judgement, dated 02.09.1994, in the matter of ‘Kumari Madhuri Patil vs Addl. Commissioner’, has held that the admission wrongly gained or appointment wrongly obtained on the basis of false social status certificate necessarily has the effect of depriving the genuine Scheduled Castes or Scheduled Tribes or OBC candidates, as enjoined in the Constitution, of the benefits conferred on them by the Constitution. Accordingly, in order to streamline the procedure for the issuance of social status certificates, their scrutiny and their approval, the Hon’ble Supreme Court, vide its aforesaid judgement, has laid down detailed guidelines to be followed by the State Governments.
2. DoPT has issued instructions from time to time for streamlining the process of verification of caste certificate of the employees. DoPT instructions provide that wherever it is found that a Government servant, who was not qualified or eligible in terms of the recruitment rules etc., for initial recruitment in service or had furnished false information or produced a false certificate in order to secure appointment, he should not be retained in service. If, he is probationer or a temporary Government servant, he should be discharged or his services should be terminated. If he has become a permanent Government servant, an inquiry as prescribed in Rule 14 of CCS (CCA) Rules, 1965 may be held and if the charges are proved, the Government servant should be removed or dismissed from service. In no circumstances should any other penalty be imposed.
3. The instructions further provide that where a candidate belonging to a SC, ST and 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 and if there is genuine difficulty in his/her obtaining a certificate, the appointing authority should itself verify his/her claim through the District Authorities concerned.
4. Communications have also been issued to the State/ UT Governments from time to time requesting them to issue instructions to the District Magistrates/ District Collectors/ Deputy Commissioners of the districts to the effect that they should ensure at their own level that the Caste/ Community certificate referred to the district authorities is verified and reported to the appointing authority within one month of receipt of request from such authority. The State/ UT Governments have also been requested to initiate disciplinary proceedings against the officers who default in timely verification of Caste Status.
5. However, instances have come to notice that the appointing authority has taken an unduly long time in getting the caste status of an employee verified through the concerned State authorities and the pensionary benefits of such employees have been withheld on the ground that their caste verification is pending. Such action on the part of the concerned authorities of the Ministries/ Departments of the Government of India is totally in contravention of the existing instructions. The Parliamentary Committee on the Welfare of SC and ST has taken a serious view of it.
6. In view of the above, all the Ministries/ Departments, including their attached, subordinate offices, PSUs, Autonomous Bodies etc., are requested to ensure that process for verification of the caste certificate of the employee may be initiated immediately and a communication may be issued to the concerned State/ UT Authorities within a week of joining of government service by the employee. As already stated above, the State/ UT Authorities have been requested from time to time to verify the caste/ community certificate of the candidates/ employees and report the same to the appointing authority within one month of receipt of request from such appointing authority. Hence, if no report is received from the concerned State/ UT Authorities within a period of one month, the matter may be taken up at the highest level and it may be ensured that the process for verification of the caste/ tribe/ community certificate of the employee is completed within a period of six months of her/his joining the service.
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
No.36022/I/2007-Estt.(Res), dated 20th March, 2007
Office Memorandum
Sub: Verification of claims of candidates to belong to Scheduled Castes, Scheduled Tribes and Other Backward Classes.
1. It has been brought to the notice of this Department that some candidates manage to secure employment under the Government against the vacancies reserved for SCs/ STs/ OBCs on the basis of false/ forged caste/ community certificate. It is a serious matter which can only be tackled with the cooperation of the state government.
2. Instructions issued by this Department require the appointing authorities to verify the caste status of SC/ ST/ OBC candidates at the time of initial appointment. Accordingly, the concerned appointing authorities at the time of initial appointment of SC/ ST/ OBC candidates against vacancies reserved for them, make a request to the concerned district authorities to certified the veracity of caste/ community certificate produced by the candidate. Many or time, the district authorities take unduly long time to respond. Where verification is not completed in time, the candidates are given appointment on provisional basis pending verification of their caste status. Some candidates continue to hold the post on the basis of false/ forged certificates in the absence of proper response from district authorities. Chances of collusion of the candidate with some unscrupulous employee(s) at the district level cannot also be ruled out.
3. I am directed to request you to streamline the system so that the unscrupulous non-SC/ ST/ OBC persons are prevented from securing job meant for SCs/ STs/ OBCs by producing false certificates. It would be appreciated if you could issue instructions to the District Magistrates/ District Collectors/ Deputy Commissioners of the districts to the effect that they should ensure at their own level that veracity of the caste/ community certificate referred to the district authorities, as stated above, is verified and reported to the appointing authority within one month of receipt of request from such authority. In order to rule out collusion between candidates holding false/ forged certificate and employees at the district level or sub-district level, disciplinary proceedings may be initiated against officers who default in timely verification of caste status in such cases or issue false certificates.
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
No.36011/1/2012-Estt.(Res.), dated 8th October, 2015
OFFICE MEMORANDUM
Sub: 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.
1. 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 20.03.2007 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.36011/16/80-Estt. (SCT), dated 27.02.1981
(iii) OM No.36011/3/2005-Estt. (Res.), dated 09.09.2005
(iv) OM No.360 12/6/88-Estt.(SCT), dated 24.04.1990
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.
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
No.41034/3/2012-Estt.(Res.), dated 11th April, 2012
OFFICE MEMORANDUM
Sub: Verification of caste certificates by District authorities.
1. Attention is drawn to Department of Personnel and Training’s letter No36022/1/2007-Estt. (Res.), dated 20th March, 2007 whereby the Chief Secretaries of all States/ Union Territories were requested to streamline the system of verification of caste certificates so that unscrupulous non-SC/ST/OBO persons are prevented from securing jobs meant for SCs/STs/OBCs by producing false certificate. They were also advised to issue instructions it this regard to the concerned District Magistrates/ District Collectors/ Deputy Commissioners of the districts to ensure at their own level that veracity of the caste/ community certificate referred to the district authorities is verified and reported to the appointing authority within one month of receipt of request froth such authority. They were further requested that disciplinary proceedings may be initiated against officers who default in timely verification of caste status in such cases or issue false certificates to rule out collusion between candidates holding false/ forged certificate and employees at the district level or sub-district level.
2. Recently the Parliamentary committee on the Welfare of Scheduled Castes and Scheduled Tribes on the Ministry of Railway in its 28th Report (14th Lok Sabha) on the subject of false caste certificates had, inter-alia, observed as under:-
“The Ministry of Railways to take up the matter of pending false caste certificate cases lying with District Collectors with the Ministry of Personnel, Public Grievances and Pensions who are the cadre controlling Ministry over the Collectors and to ensure that all the State Governments constitute appropriate District Level Committee (DLC) in every district urgently and to instruct them to held regular meeting so that cases or investigation of false caste certificates are not held up for want of proper DLC or non holding of meetings by such Committee.”
3. Keeping in view of the direction given by the Parliamentary Committee on the Welfare of Scheduled Castes and Scheduled Tribes on the Ministry of Railway it is requested that instructions may be issued to the concerned District Magistrates/ District Collector’s/ Deputy Commissioners of the districts etc. to verify the details of the candidate(s) before issuing the caste certificates so that the benefits of reservation and other schemes of concessions, etc. meant for SCs/STs/OBCs go only to the rightful claimants. As desired by the Parliamentary Committee a District Level Committee may also be constituted in each District. The Committee be instructed to hold regular meetings to ensure timely verification of caste certificates.
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
No.36011/1/2012-Estt.(Res.), dated March 14, 2016
OFFICE MEMORANDUM
Sub: Reiteration of the instructions on streamlining the procedure for verification of claims of candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes for purpose of appointment to posts/ services – regarding.
1. I am directed to refer to this Department’s letter no.36022/1/2007-Estt. (Res.), dated 20.03.2007 addressed to Chief Secretaries of all States/ UTs (copy enclosed) regarding streamlining of the process for verification of claims of candidates belonging to Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs). It was also requested to issue instructions to District Magistrates/ District Collectors/ Deputy Commissioners to ensure at their own level the veracity 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.
2. Owing to difficulties faced by candidates belonging to these reserved communities in various states in securing employment due to delays in obtaining caste certificates, this Department, vide an Office Memorandum of even number dated 08.10.2015, has re-iterated the instructions on providing provisional appointment to such reserved category candidates who are unable to obtain an appropriate caste certificate in time. It has been reiterated therein that where a candidate belonging to a Scheduled Caste, Scheduled Tribe or Other Backward Class 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. 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. A copy of the OM is enclosed for reference and perusal.
3. In order to ensure that the candidates belonging to reserved categories do not face unnecessary problems in obtaining caste certificates, it is requested that instructions issued to the concerned authorities in the light of the aforementioned letter dated 20.03.2007 may be reiterated for information/ compliance of all concerned.
4. It is also advised that in order to discourage unscrupulous activities, State Governments/ UTs may consider issue of appropriate instructions for initiating disciplinary proceedings against the errant officers who default in timely verification of caste certificates or who issue false certificates.
Ministry of Personnel, Public Grievance & Pensions
Department of Personnel and Training
No.41034/4/2020-Estt (Res-I), dated 19th March, 2021
OFFICE MEMORANDUM
Sub: Timely verification of Caste/ Community Certificate – regarding.
1. I am directed to say that instances have come to the notice where the pensionary benefits of employees belonging to ST category, who were working in various offices and organizations under Central Government in the State of Tamil Nadu, have been withheld on the ground that their caste verification is pending from the State Government. The Parliamentary Standing Committee on the Welfare of the Scheduled Castes & Scheduled Tribes (SC&ST) have taken a serious view of this, and has directed this Department to issue necessary guidelines to all the concerned for ensuring timely verification of the Caste Certificate of the employees belonging to the reserved category.
2. It is stated that the responsibility for the issue and verification of Caste Certificate lies with the concerned State/ UT Government. The Hon’ble Supreme Court, vide its Order dated 02.09.1994 in the matter of in the matter of Kumari Madhuri Patil vs Addl. Commissioner, has laid down the detailed guidelines for effective verification of the Caste Certificates of the employees, so that no person, on the basis of fake caste certificate, may secure employment wrongfully in the Government.
3. DoP&T has issued various guidelines from time to time for streamlining the process of verification of Caste Certificate of the employees, and has requested the State/ UT Governments for timely verification of the same. However, as mentioned above, instances have come to notice that the appointing authority has taken an unduly long time in getting the caste status of an employee verified through the concerned State authorities which is totally in contravention of the existing instructions. In this regard, attention is invited towards the following instructions of DoPT in the matter:
(i) DoPT OM No.36019/7/1975-Estt (SCT), dated 31.10.1975 (copy at Annexure-I) provides that the candidates belonging to the SC/ST category have to produce a Certificate in the prescribed form issued by one of the prescribed authorities in support of their claim of belonging to a SC/ST. Where such a candidate is unable to produce a Certificate from any of the prescribed authorities, he may he appointed provisionally on the basis of whatever prima facie 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.
(ii) DoPT OM No.36011/16/80-Estt (SCT), dated 27.02.1981 (copy at Annexure-II) provides that the verification of caste status at every important upturn of employees career is necessary, as an SC candidate may lose his status of SC if he embraces a religion other than Hinduism and Sikhism (DoPT OM No.36011/3/2005-Estt (Res), dated 09.09.2005 provides that an SC candidate loses his SC status if he embraces a religion other than Hinduism, Sikhism or Buddhism).
(iii) DoPT, vide letter No.36022/1/2007-Estt (Res), dated 20.03.2007 (copy at Annexure-III), have requested the State/ UT Governments to issue instructions to the District Magistrates/ District Collectors/ Deputy Commissioners of the districts to the effect that they should ensure at their own level that veracity of the Caste/ Community certificate referred to the district authorities is verified and reported to the appointing authority within one month of receipt of request from such authority. The State/ UT Governments were also requested to initiate disciplinary proceedings against the officers who default in timely verification of Caste Status.
(iv) DoPT, vide letter No.41034/3/2012-Estt (Res), dated 11.04.2012 (copy at Annexure-IV), have reiterated the above instructions dated 20.03.2007 requesting the State/ UT Governments to issue instructions to the concerned district authorities to ensure veracity of the Caste/ Community Certificate referred to them and report the same to the appointing authority within one month of receipt of request from such authority. This letter also conveys the directions of the Parliamentary Committee at that time on the Welfare of SCs and STs that the State/ UT Governments may constitute a District Level Committee in each District which may hold regular meetings to ensure timely verification of Caste Certificates.
(v) DoPT OM No.36011/1/2012-Estt (SCT), dated 8.10.2015 (copy at Annexure-V) reiterates the earlier instructions on timely and effective verification of the Caste Certificate so that the benefit of reservation and other scheme of concessions etc. go only to the rightful claimants.
(vi) DoPT letter No.36011/1/2012-Estt (SCT), dated 14.03.2016 (copy at Annexure-VI) addressed to all State/ UT Government again reiterates the earlier instructions on verification of Caste Certificate within a reasonable time.
4. In view of the above, all State/ UT Governments are again requested that the above-mentioned instructions may be brought to the notice of all the concerned officers, and it may be ensured that the process of caste verification is completed within a reasonable time, and the concerned appointing authorities are informed about the veracity of the Caste Certificate of the candidates/ employees within one month of the receipt of such request from the concerned appointing authority.
5. This issues with the approval of Secretary (P).
Department of Personnel & Administrative Reforms
OM No.36011/16/80-Estt.(SCT), dated 27.02.1981
OFFICE MEMORANDUM
Sub: Descheduling of caste of Schedule Caste person after his initial appointment – Question of verification of caste at the time of making subsequent promotions.
1. With the 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 Schedule 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 Schedule Caste vacancy though the fact of his belonging to any other religion other than the Hindus and Sikhs did not entitle him to claim the benefits of being Scheduled Castes. Obviously, these have occurred due to the appointing authorities not scrutinizing the caste certificate of the person to be appointed or promoted.
2. It has now been decided that the appointing authorities should verify the caste status of a Scheduled Caste/ Tribe officer at the time of initial appointment and promotion against a vacancy reserved for Scheduled Caste/ Tribe. For this purpose, the caste and community to which 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 may be mentioned that a Scheduled Caste, whose caste has 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 become disentitled to them.
3. M/O Finance etc. are requested to bring the above position to the notice of all attached and subordinate offices under them.
Department of Personnel & Administrative Reforms
OM No.36019/7/75-Estt.(SCT), dated 31st October, 1975
OFFICE MEMORANDUM
Sub: Verification of claims of candidates belonging to Schedule Caste and Scheduled Tribes for purpose of appointment to posts/ services.
The undersigned is directed to say that candidates belonging to Schedule Caste 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 a Scheduled Caste/ Scheduled Tribe vide Appendix 14 and 15 of the Brochure on Reservation for Scheduled Castes and Schedule 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 25th May, 1960 and No.13/2/61-SCT(I), dated 18th November, 1961 which provide that where a candidate belonging to a Schedule 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 prima facie 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 Departments etc.
Ministry of Welfare
No.12011/11/94-BCC(C), dated 8th April, 1994
Sub: Issuing of Other Backward Class Certificates to migrants from other States/ UTs.
1. In continuation of the DOPT’s letter No.36012/22/93-Estt.(SCT), dated 15th November, 1993, I am directed to say that it has been represented to this Department that persons belonging to OBCs who have migrated from one State to another for the purpose of employment, education, etc. experience great difficulty in obtaining caste certificates from the State from which they have migrated. In order to remove this difficulty, it has been decided that the prescribed authority of a State/ U.T. Administration in terms of the DOPT letter No.36012/22/93- Estt.(SCT), dated 15th November, 1993 may issue the OBC Certificate to a person who has migrated from another State on the production of a genuine certificate issued to his father by the prescribed authority of the State of his father’s origin except where the prescribed authority feels that a detailed enquiry is necessary through the State of origin before the issue of the Certificate.
2. The Certificate will be issued irrespective of whether the OBC candidate in question is included in the list of OBC pertaining to the State/ U.T. to which the person has migrated. The facility does not alter the OBC status of the person in relation to the one or the other State/ U.T. The OBC person on migration from the State/ U.T. of his origin to another State/ U.T. where his caste is not in the OBC list is entitled to the concessions/ benefits admissible to the OBCs from the State of his origin and Union Government but not from the State where he has migrated.
3. It is requested that all competent authorities may be advised to issue the OBC Certificate after satisfying themselves of the correctness of the Certificate. The Lists of the Competent Authorities empowered as per DOPT’s circular of 15th November, 1993 may be followed strictly. No other authorities may be allowed to issue the OBC Certificates.
Download Railway Board Circular dated 11.04.2023
Forward reference ⇒ RBE No.