SC / ST / OBC – Appointment on the basis of false Certificates

Action against Government servants who get appointment on the basis of false SC/ST/OBC certificates: DoPT Order

DOPT in its office Memorandum No.36011/1/2012-Estt. (Res.) dated 10.01.2013 has observed that disciplinary proceedings in the cases involving appointments on the basis of false / fake caste certificates take considerable time and the persons who have secured employment on the basis of false caste certificates enjoy the benefits of Government service

It is also emphasized by DOPT in the said OM that disciplinary enquiries involving the matter of securing jobs on the basis of false/fake certificates should be completed in a time bound manner and unscrupulous persons who have got appointment on the basis of fake/ false caste certificates should not be retained in service

The full text of this OM dated 10.01.2013 is as follows

No.36011/1/2012-Estt. (Res.)
Government of India
Department of Personnel and Training
Establishment (Reservation) Section
North Block, New Delhi-110001
Dated the 10th January, 2013.

 

OFFICE MEMORANDUM

 

Sub:- Action against Government servants who get appointment on the basis of false SC /ST / OBC certificates.
The undersigned is directed to invite reference to this Department’s OM No.11012/7/91-Estt.(A) dated 19.5.1993 which provides as under:-

“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 penalty be imposed”.

2. The position WQS reiterated vide this Department’s OM No.42011/22/2006-Estt.(Res.) dated the 29th March,2007 that the cases other than those protected by the specific order of the Apex Court should be dealt with in accordance with the instructions contained in the aforesaid O.M. However, it has been observed that disciplinary proceedings in the cases involving appointments on the basis of false/fake caste certificates take considerable time and the persons who have secured employment on the basis of false caste certificates enjoy the benefits of Government service whereas such Government servants should be removed/ dismissed from the service at the earliest.
3. It is requested that disciplinary enquiries  involving the matter of securing jobs on the basis of false/fake certificates should be completed in a time bound manner and unscrupulous persons who have got appointment on the basis of fake/ false caste certificates should not be retained in service and should be dismissed/ removed henceforth.
4. Contents of this OM may be brought to the notice of all concerned.
Sd/-
(Sharad Kumar Srivastava)
Under Secretary to the Government of India

Download Office Memorandum 36011/1/2012-Estt. (Res.) dated 10.01.2013

3 Comments

  1. dear sir,

    my mother was sc category and father general category and both are uneducated and doe’t not anything. but in school certificate mention mother caste and misguide the some person to my parents to joins as sc category. but now that person black mailing to us you got false certificate and its punishable and there is case filed. there is no proof to prove my mother was SC.

    i am graduate and working in private organisation and my sister studying in final year graduation. kindly help us what do further.

    1. Status of Children born to the Inter-caste married couple one of whom belongs to Scheduled Caste / Scheduled Tribe.
      The crucial test to determine the caste of a child born out of wedlock in which one of the spouses belongs to SC/ST community as a member of their community is, to determine whether the child has been brought up and accepted as SC/ST as member of their SC/ST community. Even if a mother of the child is a SC/ST community member, it is possible that the community of his father accepts the child and brought up in the surroundings of his father’s relations. In that case such child cannot be treated as a member of SC/ST community. Similarly when the mother belongs to higher caste and the father belongs to lower caste irrespective of the fact whether the mother or father is a member of such community then he has to be treated as a member of SC/ST community and would be entitled to receive benefits as such.
      [Guide-lines issued by the Government of India, Ministry of Home Affairs ND in its letter No.39/37/73/SCT I, dated 4-3-1975.

      (Source : http://apland.ap.nic.in/cclaweb/certificates.htm#7 )

      Since Hindu including Sikh & Buddhist, society (to whom SC status applies) is patrarchial it is artificial to assume that the caste will be determined on the basis of mother’s caste. Woman is permitted to change surname after marriage (without affidavit etc) and not the man. This is done so as to recognise customary law. Yes in few parts of cournty society is matriachial and some of thm are Hindus as well. In case of such communities the facts may be different.

  2. recently i know a candidate who through false obc certificate secured a psu bank job through ibps. please tell the procedure of how to report such cases

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