Reservation in Central Government Service – How to verify SC/ST reservation claim?
Reservation in Central Government Service – Verification of the claims of Scheduled Castes, Scheduled Tribes and Other Backward Classes
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 de scheduled 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. (OM No. 36011/3/2005-Estt.(Res) dated 09.09.2005).
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.” (OM No. 36033/4/97-Estt (Res) dated 25.07.2003 and No.36011/3/2005-Estt.(Res.) dated 09/09/2005.
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 (OM No. 36011/3/2005-Estt.(Res) dated 09.09.2005).
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 (OM No. 13/3/71- Estt.(SCT) dated 10.09.1971)
|1||Para 5(7) of MHA O.M. No.42/21/49-NGS||28.01.1952|
|2||DOPT OM No. 13/3/71-Estt.(SCT)||10.09.1971|
|3||DOPT OM No. 36012/06/88||24.04.1990|
|4||DOPT OM No. 36012/22/93-Estt(Res)||15.11.1993|
|5||DOPT OM No.36033/4/97-Estt (Res)||25.07.2003|
|6||DOP&T O.M. No.36011/3/2005-Estt.(Res)||09.09.2005|
|7||DOPT OM No. 36011/3/2009-Estt(Res)||02.09.2009|