Change of community from general to sc.

Deepu Singh (Querist) 12 June 2023 This query is : Resolved
I am appointed as a General candidate in Indian Railways. Due to misplacement of my Scheduled Caste certificate, it was not possible to submit the said document on my Document Verification. Is it possible to change my community now if I provide a legit document i e., Scheduled Caste Certificate?

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An Indian Railways employee, appointed as a General candidate due to a misplaced Scheduled Caste (SC) certificate, is seeking to change their community status to SC. Although the certificate was issued before their appointment, it wasn't available at the time of joining. The discussion explores the possibility and implications of this change, with advice suggesting it might be possible to claim SC benefits now, provided no undue advantage was gained or the certificate wasn't fraudulently obtained.

kavksatyanarayana (Expert) 12 June 2023
Without general certificate how did you join there? Can prove that due to misplace of the certificate, joined as general candidate.

Dr. J C Vashista (Expert) 12 June 2023
You may apply to Railways with documents.

Deepu Singh (Querist) 12 June 2023
Sir, with due respect, I have never heard about "General Community Certificate". I am currently working in Indian Railways, Sir.

T. Kalaiselvan, Advocate (Expert) 13 June 2023
If you were appointed as a general category candidate, even if you were having the SC community certificate at that time but did not want to utilise the same, you cannot claim any rights over it at a later stage.
You have to be contended with the privileges available to the general candidates..

Sudhir Kumar, Advocate (Expert) 13 June 2023
So far no misconduct has been committed by you. No certificate whatsoever is needed for joining as general candidate.

In all probability your performance in the selection process was sufficient The story given by you is as under :-

“Due to misplacement of my Scheduled Caste certificate, it was not possible to submit the said document on my Document Verification.”

It is difficult to believe.
If you are sure that the certificate has not been subsequently fraudulently obtained by you then you can claim reservation benefit now.

Before moving further you may disclose more relevant facts which have not shared.

Deepu Singh (Querist) 13 June 2023
Yes Sir, one thing I forgot to tell you all is that my SC certificate issuing date is before my appointment. I got my SC certificate in 2019 and my appointment was in 2022.

P. Venu (Expert) 13 June 2023
The posting suggests deeper issues. Please post complete facts.

Deepu Singh (Querist) 13 June 2023
Ok Sir, I will post here the full scenario.
I belong to SC Community, but when I was filling my application form for Indian Railways for the post of Stenographer, I selected my community as General because at that time, I didn't have my Scheduled Caste Certificate in physical form as it got misplaced due to renewation at my home. Later in 2022, I was appointed in Indian Railways on the said post as a General Candidate. I already got the said certificate in 2019 but due to non-availability of the certificate, I was not able to produce the said document. Now, I have the certificate ( I digitally accessed it later).So, is it possbible to change my community from General to SC in my Service Record? Is there any rule in the SC&ST Brochure regarding this or anywhere so I can talk to administration about this?

Dr. J C Vashista (Expert) 14 June 2023
You cannot claim benefit of SC at this stage even if you disclose it at this stage.
However, if you want to seek benefit of caste certificate it would attract disciplinary action against you.

Sudhir Kumar, Advocate (Expert) 14 June 2023
Now you have given a clarification that the certificate exited but not avialble at the time of joining.

Even if you had a certificate at that time still you would have been recruited in general quota.

You can claim SC benefit now.

disciplinary action can be possible only if

(i) you have obtained any undue benefit by not producing the certificate; or

(ii) the certificate was fraudulently obtained.

these two factors do not appear from facts so far shared by you.

Deepu Singh (Querist) 14 June 2023
I would like to give my regards to all of you for giving your precious time. Last thing I would like to ask if is there any rulebook or any brochure so I can look into the matter myself?

kavksatyanarayana (Expert) 14 June 2023
search google sir.........................................

Deepu Singh (Querist) 14 June 2023
I did, Sir, but couldn't find anything relating to my case.

P. Venu (Expert) 14 June 2023
May be, you dd not have the Community Certificate. But is your community mentioned in any academic certificates/mark-lists etc.?

Sudhir Kumar, Advocate (Expert) 15 June 2023
refer to swamy's book on reservation.

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