Verification of Claims of Candidates belonging to SC, ST and OBC for purpose of Appointment

No.36011/1/2012-Estt.(Res.)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

Establishment Reservation — I Section

North Block, New Delhi-110 001

Dated March 14, 2016

To,

The Chief Secretaries of all States/UTs

Subject: 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

Madam/Sir,

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.

Encl: as above

Yours faithfully,

Sd/-

(G. Srinivasan)

Deputy Secretary to the Government of India

Source: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36011_1_2012-Estt.Res-14032016.pdf

Read More »

Reservation in Promotion – Minister replied in Rajya Sabha

The DoPT Minister replied in Parliament, while answering a question about the stand of Central Government on reservation in promotion cases involving Central Government employees as follows…

“The reservation in promotion is provided to Scheduled Castes (SCs) and Scheduled Tribes (STs) at the rate of 15% and 7.5% respectively in posts and services under the Central Government. As on 1.1.2013, the representation of SCs and STs was 17.55% and 7.72% respectively.

The Hon’ble Supreme Court, on 19.10.2006, in the matter of M. Nagaraj & Ors. V/s Union of India, while upholding the validity of the Constitutional Amendments made in favour of Scheduled Castes and Scheduled Tribes, inter-alia, observed that the State will have to collect quantifiable data of backwardness, inadequacy of representation before providing reservation in promotion.

In order to provide impediment free reservation in promotion to SCs and STs, the Constitutional (One Hundred and Seventeenth Amendment) Bill was introduced in the Rajya Sabha by the Government in September, 2012. The Bill was passed by the Rajya Sabha on 17.12.2012 and transmitted to the Lok Sabha for consideration and passing. The Bill could not be considered in the 15th Lok Sabha and lapsed on the dissolution of 15th Lok Sabha. The issues emanating from the Hon’ble Supreme Court’s judgment dated 19.10.2006 in M.Nagaraj case is under examination.”

Authority: Rajya Sabha Q&A

Read More »

List of Authorities empowered to issue caste/community certificates- Information on the complete list — regarding

F. No. 36028/1/2014-Estt.(Res.)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

Establishment (Reservation-I) Section

North Block, New Delhi

Dated September 3, 2015

To

The Chief Secretaries of all the

State Governments/ Union Territories

Subject: List of Authorities empowered to issue caste/community certificates- Information on the complete list — regarding

Madam/ Sir

As you are aware, the Government of India has issued instructions vide Office Memorandum No. 36012/22/93-Estt.(SCT) dated 15.11.1993 and Office Memorandum No. 36012/6/88-Estt.(SCT) dated 24.04.1990 prescribing the following authoritie’s who are competent to issue caste certificates for the members belonging to Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (OBC) category:

(i) District Magistrate/Additional District Magistrate/Collector Deputy Commissioner/ Additional Deputy Commissioner/ 1 st 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 tank of Tehsildar and

(iv) Sub-Divisional Officer of the area where the candidate and/or his family normally resides.

2. It has come to the notice of the Government that in some States, offices/ officers, other than those prescribed above, have been authorized to issue caste/ social status certificates.The complete list of these said new offices/ officers is not available centrally.

3. It is, therefore, requested that the list of officers/offices authorized by the State Government/ Union Territory to issue caste/ social status certificates, alongwith the copies of the relevant Notifications to that effect, may please be provided to this Department at an early date.

Yours faithfully

Sd/-

(G. Srinivasan)

Deputy Secretary to the Government of India

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36028_1_2014-Estt.Res.-03092015.pdf

Read More »

Reservation in Private Sector

Press Information Bureau 

Government of India

Ministry of Social Justice & Empowerment 

Reservation in Private Sector 

Government of India has a policy on reservation for Scheduled Castes (SCs)/ Scheduled Tribes (STs) and Other Backward Classes (OBCs), which is also applicable to the Central Public Sector Enterprises (CPSEs). 

Numerous representations have been received from public representatives and various organizations for reservation in private sector. 

A high level Coordination Committee has been constituted in October 2006, to carry forward the dialogue with the Industry on Affirmative Action in the Private Sector. It has been holding meetings with the Apex Chambers of Industries from time to time. Federation of Indian Chambers of Commerce and Industry (FICCI), Associated Chambers of Commerce and Industry of India (ASSOCHAM) and Confederation of Indian Industry (CII), have developed their respective Codes of Conduct on affirmative action for adoption by their members. These Codes of Conduct provide, inter alia, for inclusive policies and non-discrimination. The progress made by the Apex Chambers in this regard is reviewed in the meetings of the Coordination Committee. 

This information was given by the Minister of State for Social Justice and Empowerment, Shri Sudarshan Bhagat in a written reply to a question in Lok Sabha here today. 

Read More »