GOVERNMENT OF PUNJABDEPARlMENT OF WELFARE

(RESERVATION CELL)

NOTIFICATION

No.9/~212003-RC-I/ J c: IS Dated Chandigarh \0" J 1Q4-

In compliance with directions of Hon'ble Supreme Court

given in its Judgment dated 2.09.1994 delivered in Civil Appeal No 5854 of

1994 (arising out of SLP (Civil) No 14767 of 1993)- Kumari Madhuri Patil

ani others Vis Additional Commissioner, Tribal Development and others.

(.A1R 1995 Supreme Court 1994), the Governor of Punjab is pleased to

cmstitute a State Level Scrutiny Committee consisting of the following

members to verify the Social Status Certificates:-

1. Special/Additional/Joint! Secretary Chairpersonto Govt. of PunjabDepartment <1fWelfare of ScheduledCastes and Backwards Classes.

Director/Additional Director,Welfare of Scheduled Castes andBackward Classes, Punjab.

Convener-Member

3. An IASIP.C.S Officer ofthe Revenue Department notbelow the rank of Joint Secretaryto Govt. Punjab.

Member

Apart from the above, the Committee may also associate the

Joint Secretary/ Joint Director of the concerned department as and when

required.

Functions of the Committee.

2. (i) The Director Welfare, on receipt of the report from the District -

Welfare Officer, if he finds the claim for Social Status to be "not genuine" or

"doubtful" or spurious or falselyor wrongly claimed, shall issue show cause -

notice, supplying a copy of the report of District Welfare Officer, to the

candidate, by registered post with Acknowledgement Due, or through the

Head of the concerned Educational Institution I Department in which the

candidate is studying or employed. The notice should indicate that the

representation or reply, if any, would be made within two weeks from the

-'2.-

date of the receipt of the notice, and in no case, on request, not more then 30

days from the date of the receipt of the notice. In case the candidate seeks an

opportunity of hearing and claims an inquiry to be made in that behalf, the

Director Welfare, on receipt of such representation/reply, shall convene the

meeting of the Committee, and the Special! Additional Secretary -and -

Chairperson shall give reasonable opportunity to the candidate/ parents/. .

guardian to adduce all evidence in support of their claim. A public notice by

beat of drum or any other convenient mode may be published in the village or

locality and if any person or association opposes such a claim, an opportunity

to adduce evidence may be given to him/it. After giving such opportunity,

either in person or through counsel, the Committee may make such inquiry asf

it deems expedient and consider the claims vis-a -vis the:objections raised by

the candidate or opponent and pass an appropriate order with brief reasons in

support thereof.

2.(ii) In case the report is in favour of the candidate and his/her claim

is found to be genuine and true, no further action need to be taken except

where the report or the particulars given and procured or found to be false or

fraudulently obtained and in the latter event" the same procedure as is

envisaged in para 2.(i) be followed.•

2 (iii) Notice contemplated in para 2 (i) above should be issued to the

parents/guardian also, in case the candidate is minor, to appear before the

Committee with all evidence in their/ his support of the claim for the Social

Status Certificate.

2 (iv) The inquiry should be completed as expeditiously as possible

preferably by day-to-day proceeding within such period not exceeding two

months. If after inquiry, the Caste Scrutiny Committee finds the claim to be

false or spurious, they should pass an order cancelling the certificate issued

and confiscate the same. It should communicate, within one month from the

date of conclusion of the proceedings, the result of the inquiry, to the

parents/guardian and! or the applicant.

---3-

2(v) In case the certificate ohtained or the Social Status claimed is

found to be false, the parents/guardian I the candidate should be prosecuted

for making false claim. If the prosecution ends in conviction and sentence of

the accused, it could be regarded as an offence involving moral turpitude and

disqualification for elective posts or offices under the State or the Union or

election to any Local Body, Legislature or Parliament.

2(vi) As soon as the finding is recorded by the Scrutiny Committee

holding that the certificate obtained was false, on its cancellation and

confiscation simultaneously, it should be communicated to the concerned

Educational Institution or the Appointing Authority by registered post with

Acknowledgment Due, with the request to cancel the admission or the

appointment. The Principal etc. of the Educational Institution responsible for

making the admission or ~e Appointing Authority should cancel the

admissionl appointment without any further notice to the candidate and debar

the candidate for further study or to con tinue in office in the post.

2 (vii) The Hon'ble Supreme Court of India in the case of Kumari

Madhuri Patil and another V/S Additional Commissioner, :rribal Development

and others AIR 1995 SC 94 has, interalia, further laid down that the order

passed by the Committee shall be final and conclusive subject to the

proceedings under Article 226 of the Constitution of India

R.L.Kalsia,Secretary to Govt. PunjabDepartment of Welfare of ScheduledCastes and Backward Classes.

No. 9/1212003-R.C.I/ r bib Dated Chandigarh: (0·' 1'2..' ~ 4-

A copy is forwarded to the Controller, Printing and Stationery,Punjab, Chandigarh, with the request that the said Notification may please bepublished in the Punjab Governmerr Gazette and supply'-!50 copies of thenotification to this department for official use.

.No. 9112/2003-R.C.1I 'b 17-.2... :2..

~ J1)ytJ'\ I~~f(Ram Asra Gar'lii

Deputy sec~~ Welfare

Dated Chandigarh, the 'Q' \~·2.004

-~-

A copy is forwarded to the following for information andmeticulous compliance.

1. The Director, Welfare of Scheduled Castes and Backward Classes,Punjab.

2. All the Heads of the Departments of the State of Punjab.3. Commissioners of the Divisions.4. All Deputy Commissioners in the State.5. Registrar, Punjab& Haryana High Court.6. All Sub-Divisional Officers (Civil) in.the State.

~??1 JJ•.yvo. (~

(Ram Asra Garf)Deputy Secretary Welfare

. i,~A copy is forwarded to All Financial Commissioners! Principal

Secretaries and Administrative Secretaries in the State, for information andmeticulous compliance.

1.2.3.

~,f}~, Ctlf:1( Ram Asra Gargf

Deputy Secretary Welfare

All th F· ial C .. . th S· ~~o'\e inane ommissioners in e tate.All the Principal Secretaries in the State.All the Administrative Secretaries in the State.

To

No.9/12/2003-R.C.1I 'b:,)..3 Dated Chandigarh: 1(:). \.2.. 0+

GOVpRNMENT of PUNJABPf:PARTMl}NTOF WEl--f~

(WSf1;RVATION CELL) "

~~

No.9./l2/2003-RC-ll I~o~

Tn compliance with the directions of the Hori'ble Supreme

Court given in its Judgment dated 2.09. l 994 delivered in Civil Appeal NQ5854 of 1994 (~Irisfng OHt of SLF (Civil) No 14767 of 1993)- Kurnari

Madhuri Patil and others Vis Additicna] Commissioner, Tribal :O~vetQPnwllt

and others. (AIR 1995 Supreme Court !994), the Governor of Pl.Jf1j~b ispleased to constitute a VigHancr Cell in. the Directorate of We\fJ+r~ ofScheduled Castes and Backward Classes, Punjab, ~ol1~i$Hpg of fo.UQwillg

members to investigate the genuineness of SocialStatus Certificates>

(1) Director, Incharge of Yiiil~we CellWelfW~ of Scheduled Castes and ""Backward Cla~~~:;,punjab.

(2) Jqim Pirectqr,\Yelfar~of Sch~q\!l~qCastes ~p.d~~~~w~r4rl~§~~~,Punjab.

Pj&tript W~lf,\!rt1Officerpf the ~Jj~triv.t~0p.9~m~d.

0)

2. Functions of V~gilfillc~ Ceil, as PH qi.t\~,;tjQns of tl?-~Hon'ble. - ., ~ ..

S4prem.~Court given in the case of Kumari Madhuri P~tH, are as under.-:' . .. - - .'" . .

(i) [t shall work as nodal a.~~Ilcyfor checking the ~~nl.lipen~s~

of ~ocial St,W~&CefHfip~te in the State on r,~ivin¥ rne

p.omp~~intsfrom citi?l~p~ 't-pd .~Ulhe p~p~rtrpe~ls in lh~f3tate:.---

(ii) It sha]! iHTiW~~the inq'-liry r;, sending its pfticer~/Qffici~~

to the ~Qq~l~l~tf of residence "'lP-qQr~gijtalpl~c~vv'h~r~tlwcon~erp.~4 ~;w,qid~t~ hails fr-qm f41q "I.t:;4(~Jl¥resices, or ~ij

~as'\t of llli~plti()n, in the town Of Ctty, the place W1Wf!l1 lt~or!a,nally ha,H~d from. Pistn~t Welf~re Qffi~r ~h/:!.npersonally v<fr~fYand collec] t!ll the facts of Social §~~tlf$.claimed py the ~fl:pdjd,(lt~,parents Qr !e~w4ia!1 IlS tp'~case

m~y be. He ~h.Cln also examine the schoo] record, pjrij1

regtitr~tiQIl! if IlH)'" lie sJlflll al~q ~}mmin~tnf pa.r~IttS(. ; . -- - -- .

~"w-d~(lnor th~Ci~"q~i"Q~~~in r~l~tlqrl to their Cj~~t~~W, m~IlGb other p~r§oI+S who have iGl()wlr;ct~~of &ocial St!im~qfthe ~<md.i4ate and then svbrnit a report to tllQ Pir~~tQr

- ~-

Welfare, Punjab, together with all particulars relating to the

peculiar anthropological and ethnological traits.

(iii) On receipt of the report from District Welfare officer; if it

is found that the claim for the Social Status is not genuine

or it is "doubtful" or spurious or falsely or wrongly

. claimed, Director Welfare shall issue Show Cause Notice,

with a copy of the report of Vigilance Officer, to the

candidate, by a registered. post with Acknowledgement

Due or through the Head of concerned Educational

Institution/Office in which the candidate is studying or

employed. Notice shall be issued to the parents/guardian in

case the candidate is minor to appear before the Committee

with all evidence in hislher favour. It shall be indicated in

the notice that representation or reply, if any, shall be made

within two weeks from the date of receipt of the notice and

in no case, on request, not more than thirty days from the

date of receipt of notice.

(iv) After the expiry of limitation period of the notice, Director

Welfare of Scheduled Castes and Backward Classes,

Punjab, shall place the case along with any representation!

reply, if any received, before the Scrutiny Committee for

examination and passing appropriate orders against the

guilty persons

These direc.ions shall be meticulously followed by all

concerned.

R.L.Kalsia, .Secretary to Government of Punjab,Department of Welfare of ScheduledCastes and Backward Classes,Chandigarh.

No 9112/2003-RCI/ I bC> 7 - Ib r r Dated: Chandigarh, the 10' (!l-.!lt:n=-

A copy is forwarded to1. All the Heads of the Departments in the State,2. Commissioners of Divisions in the State,3. All Deputy Commissioners in the State,4. Registrar, Punjab and Haryana High Court,5. All District and Sessions Judges in the State,

with the request that all cases relating to verification ofSocial Status Certificates, where the genuineness of suchCertificates is in question, may kindly be sent to theVigilance Cell in the Directorate of Welfare for ScheduledCaste and Backward Classes, Punjab, Chandigarh.

, f&""1 1).,.,'-'" (:U1.~

(Ram Asra cratg)Deputy Secretary Welfarei--

No 9/12/2003-RCII r b \.2.. Dated: Chandigarh ,<:>. \2- . ~+

-3-

A copy is forwarded to the Director, Welfare of Scheduled Castes

and Backward Classes, Punjab, Chandigarh, for information and meticulous

compliance

~f)~w,j(Ram Asra Garg)

Deputy Secretary Welfare

A copy is forwarded to All F~cial cOmmissl;rs/ PrincipalSecretaries and Administrative Secretaries to Govt. of Punjab in the State, forinformation and meticulous complaisance.

~ !J~(.''La'1-( Ram Asra Gaxg'j

Deputy Secretary Welfare1/

No.9/12/2003-R.C.1I 1 bL3 Dated Chandigarh: {o. \2-' !2.cru +To

All the Financial Commissioners,Principal Secretaries and AdministrativeSecretaries to Government of PunjabChandigarh:

I. D. No. 9/12/2003-R.C.l/ Dated

No. 9/12/2003-R.C.l/ \ ~ r 4- Dated. Chandigarh: 1cs- \ ~ • :zc,., -1-

A copy is forwarded to the Controller, Printing and Stationery,Punjab, Chandigarh, with the request that the above Notification may pleasebe published in the Punjab Government Gazette: and supply-i 50 copies of thenotification to this department for official use.

~'lf)NvI~'(Ram Asra GaIgf

Deputy Secretary Vv'elfare

~1'21'~

[Extract from the Punjab Govt. Gaz., dated the 25th November, 2011]

GOVERNMENT OF PUNJAB

DEPARTMENT OF WELFARE

(RESERVATION CELL)

Notification

The 12th September, 2011

No. 9/1212003-RC-1I7S,.-In partial modification in the Notification No. 9/12/2003-RC-I, dated10th December, 2004, the Governor of Punjab is pleased to reconstitute a State Level Scrutiny Committeeconsisting of the following members to verify the Social Status Certificates :-

1. Special/ Additional/Joint Secretary to ChairpersonGovernment of Punjab Department ofWelfare of SCs and BCs

Deputy SecretarylUnder Secretary/Superintendent (Reservation Cell),Department of Welfare of SCs and BCs,Punjab

An lASIPCS Officer of the RevenueDepartment (not below the rank of JointSecretary to Govt. Punjab)

Apart from the above, the Committee )hay also associate the concerned officer of the WelfareDepartment as and when required.

2. Convener-Member

3. Member

Functions of the Committee :

2. (i) The Director Welfare on receipt of the report from the District Welfare Officer, if hefinds claim for Social Status to be "not genuine" or "doubtful" or spurious or falsely orwrongly claimed, shall issue show cause notice, supplying a copy of the report ofDistrict Welfare Officer, to the candidate through registered post with Acknowledgementdue, or through the Head of the concerned Educational Institution/Department inwhich the candidate is studying or employed or direct to the concerned candidate forany other purpose. The notice should indicate that the representation or reply, if any,would be made within two weeks from the date of the receipt of the notice, and inno case, on request, not more than 30 days from the date of the receipt of the notice.In case the candidate seeks any opportunity of hearing and claims an inquiry to bemade in that behalf, the Director Welfare, on receipt of such representation/reply, shallconvene the meeting of the committee, and the Special/Additional/Joint Secretary asChairperson shall give reasonable opportunity to the candidate/parents/guardian toadduce all evidence in support of their claim. A public notice by beat of drum or anyother convenient mode may be published in the village or locality and if arry personor association opposes such a claim, an opportunity to adduce evidence "may be givento him/it. After giving such opportunity, either in person or through counsel, theCommittee may make such inquiry as it deems. expedient and consider the claims vis-a-vis the objections raised by the candidate or opponent and pass an appropriate orderwith brief reasons in support thereof.

(ii) In case the report is in favour of the candidate and his/her claim is found to be genuineand true, no further action need to-be taken except where the report of the particularsgiven and procured are found to be false or fraudulently obtained and in the latterevent, the same procedure as is envisaged in para 2, (i) be followed.

2

(iii) Notice contemplated in para 2 (i) above should be issued to the parents/guardian also,in case the candidate is minor, to appear before the committee with all evidences intheir/his support of the Claim for the Social Status Certificate.

(iv) The inquiry should be completed as expeditiously as possible preferably by day to dayproceeding within such period not exceeding two months. If after inquiry, the casteScrutiny Committee finds the claim to be false or spurious, they should pass an orderconcelling the certificate issued and confiscate the same. It should communicate,within one month from the date of conclusion of the proceedings, the result of theinquiry to the parents/guardian and/or the a~plicant.

(v) In case, the certificate obtained or the Social Status claimed is found to be false, theparents/guardian/the candidate should be prosecuted for making false claim. If theprosecution ends in conviction and sentence of the accused, it could be regarded asany offence involving moral turpitude and disqualification for elective posts or officesunder the State or the Union or election to any Local Body, Legislature or Parliament.

(vi) As soon as the finding is recorded by the Scrutiny Committee holding that the certifi-cate obtained was false, on its cancellation and confiscation simultaneously, it shouldbe communicated to the concerned Educational Institution or the Appointing Authoritythrough registered post with Acknowledgement due, with the request to cancel theadmission or the appointment or the election. The principal etc. of the EducationalInstitution responsible for making the admission or the Appointing Authority shouldcancel the admission/appointment/election without any further notice to the candidateand debar the candidate for further study or to continue in office in the post or tocontest the election. •

(vii) The Hon'ble Supreme Court of India in the case of Kumari Madhuri Patil andanother versus Additional Commissioner, Tribal Development and others,AIR 1995 SC94 has, interalia, further laid down that the order passed by the Com-mittee shall be final and conclusive subject to the proceedings under Article 226 of theConstitution of India.

B. S. SUDAN, lAS,

Secretary to Government, Punjab,Department of Walfare of Scheduled Castes and

Backward Classes.

770 CS(P)-Govt. Press, U.T., Chd