The Supreme Court has agreed to conduct a detailed hearing on a petition challenging existing governmental guidelines that mandate paternal lineage proof for issuance of Other Backward Class (OBC) certificates, even where the applicant is a child of a single mother belonging to the OBC category.
A Division Bench comprising Justice K.V. Viswanathan and Justice N. Kotiswar Singh observed that the petition raises a matter of considerable legal and constitutional importance. “The writ petition presents a significant issue regarding whether a child of a single mother from the OBC category is entitled to be granted an OBC certificate based solely on the mother's status,” the Bench stated.
The petition, filed by a Delhi-based woman, challenges the validity of the practice wherein authorities deny OBC certification unless the applicant can produce a certificate from the paternal side. It is contended that this policy is discriminatory and violates the fundamental rights of children raised solely by mothers from OBC backgrounds.
The Supreme Court had earlier, on January 31, issued notice to the Union of India and the Government of NCT of Delhi, seeking their response to the petition. During the latest hearing, counsel for the Centre submitted that a counter-affidavit has been filed and argued that the issue necessitates broader deliberation, potentially involving all State governments. The Centre further submitted that the matter may require judicial clarification to guide uniform policy formulation.
Referring to the 2012 decision of the Supreme Court concerning caste status in cases of inter-caste parentage, the Bench suggested that similar considerations may apply. The Bench also directed the parties to address scenarios involving inter-caste marriages, specifically when the mother is OBC and the father is from a non-OBC background or absent.
The petitioner argues that the refusal to recognize the OBC status of the child based on the mother's certificate alone is arbitrary and inconsistent with constitutional provisions. It was highlighted that in the case of Scheduled Castes (SC) and Scheduled Tribes (ST), certificates are issued based on the status of the single mother without similar impediments.
According to the Delhi government’s prevailing guidelines, applicants must furnish an OBC certificate of a paternal blood relative, such as the father, grandfather, or paternal uncle. The petitioner emphasized that such a requirement unjustly excludes children raised solely by OBC mothers, including those adopted by them, from availing benefits under the OBC category.
The Court has now scheduled the matter for final hearing on July 22, subject to the directions of the Chief Justice of India. All parties have been directed to submit written arguments in the interim.
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