Timely verification of Caste/Community Certificates of the employees belonging to the reserved category – DOPT Order dated 19.03.2021
No. 41034/4/2020-Estt (Res-I)
Government of India
Ministry of Personnel, Public Grievance & Pensions
Department of Personnel and Training
North Block, New Delhi
Dated the 19th March, 2021
The Chief Secretaries of all States & Union Territories
Subject: Timely verification of Caste/Community Certificates – regarding.
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 2.9.1994 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 1s 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 27.2.1981 (copy at Annexure-II) provides that the verification of caste status at every important upturn of employee’s 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 9.9.2005 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 20.3.2007 (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 11.4.2012 (copy at Annexure-IV), have reiterated the above instructions dated 20.3.2007 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 14.3.2016 (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).