Supreme Court to consider question of issuance of OBC certificates for children of single mothers
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Supreme Court to consider question of issuance of OBC certificates for children of single mothers
The Supreme Court on Monday (June 23, 2025) decided to examine the “important’ issue of amending extant rules to provide Other Backward Class (OBC) certificates to the children of single mothers. The case was filed by a Delhi-based woman, and the apex court had sought responses from the Centre and the Delhi government in January. The Centre said the court ought to be frame guidelines on the question.
“The present writ petition raises an important issue about issuance of OBC certificates to children of single mothers wherein the mothers belong to OBC… This has to be heard,” a Bench headed by Justice K.V. Viswanathan observed.
The case was filed by a Delhi-based woman, and the apex court had sought responses from the Centre and the Delhi government in January. The Centre had argued that the matter required extended consideration, and States need to be arraigned as parties in the case before the top court. The Centre said the court ought to be frame guidelines on the question.
The Bench fixed the case for further hearing on July 22. It referred to a 2012 verdict, which had dealt with the question surrounding the status of a person one of whose parents belonged to the Scheduled Castes or Scheduled Tribes.
The petition filed by Santosh Kumari, represented by advocate Dawneesh Shaktivats, said OBC certificates were not given on the basis of the caste identity of the mother. The applicant for an OBC certificate were compelled to produce the certificate of a relative on the paternal side.
“The inaction on the part of respondents to issue OBC certificates to children of single mothers on the basis of the latter’s OBC certificates was in contravention of the rights of the children who belong to the OBC category,” the plea said.
The petition also called it violative of the provisions of the Constitution as children of a single mother belonging to the Scheduled Caste/Scheduled Tribe category were granted caste certificates on the basis of her certificate.
The petition referred to the Delhi guidelines for issuance of OBC certificates, requiring the production of OBC certificates of any paternal blood relative, including father, grandfather or uncle.
OBC status only via father? SC questions why certificate can’t be given via mother’s caste, to hear case on July 22
The Supreme Court on Monday flagged the issue that there is a lack of guidelines with respect to the issuance of Other Backward Classes (OBCs) certificates to the children of a single mother. A bench of Justices KV Vishwanathan and N Kotishwar Singh listed the matter for final hearing on July 22 this year. The top-court was hearing a single-mothers’ plea seeking issuance of OBC certificates to her children, based on her own caste-status.
The Supreme Court on Monday flagged the issue that there is a lack of guidelines with respect to the issuance of Other Backward Classes (OBCs) certificates to the children of a single mother.
Considering the importance of the matter, a bench of Justices KV Vishwanathan and N Kotishwar Singh listed the matter for final hearing on July 22 this year.
Plea on OBC certificates
The top-court was hearing a single-mothers’ plea seeking issuance of OBC certificates to her children, based on her own caste-status. The plea stated that the present guidelines, in this regard, only provide for issuance of OBC certificates by considering the OBC certificate through a paternal lineage. Thus, it causes grave hardship to single mothers, the plea added.
During the hearing, the Additional Solicitor General (ASG), who appeared for the Union of India, stated that they had already filed a counter-affidavit (response to the plea), in which they stated that the State governments are empowered to form and issue guidelines regarding the matter.
Noting this submission, the apex court asked the petitioner to send a copy of their plea to all State governments so that they may decide to file their respective responses over the same.
SC on caste-certificate via maternal lineage
The top court flagged another related issue that may arise in situations where the children, for whom the OBC-certificate is sought through their maternal lineage, are born out of an inter-caste marriage. In such a situation, would the children be entitled to avail a caste-certificate through their maternal lineage or through their paternal lineage, Supreme Court asked the counsels.
The top court also noted the submission of the petitioners that guidelines in this regard have been issued with respect to Scheduled Castes (SCs) and Scheduled Tribes (STs) and that similar guidelines may be laid down in the present matter also.
After hearing all parties, the SC said that this is an important issue that needs to be resolved. Thus, it listed the matter for a final hearing on July 22.