How Can A Single Mother, Who Is Indisputably An OBC, Be Denied Certificate For Her Children: Delhi High Court, Calls Policy Discriminatory

The Delhi High Court on Wednesday observed that the denial of caste certificate to the children of single mothers, belonging to other backward class (OBC), appears to be "patently" arbitrary and discriminatory.

Justice Yashwant Varma made the prima facie observation while dealing with a plea moved by a single mother seeking directions for issuance of OBC certificate to her two children on the basis of her caste certificate.

As per the guidelines issued by Delhi Government's Revenue Department, an OBC Certificate cannot be granted on the basis of a single mother's caste certificate. It can only be issued when the parental side's caste certificate is furnished along with the application form, according to the State.

The petitioner, a divorcee, has argued the same goes against the right of her children, who are being raised by her, and also violates various constitutional provisions.

During the hearing today, the counsel appearing for respondent authorities submitted that the Delhi Government has not been able to take a final decision in the matter and that a clarification has been sought from the central government.

The counsel submitted that the issue in the matter arises in context of a circular issued by the Centre which allows the benefit only in case of single mothers belonging to SC and ST category.

Noting that the circular does not extend its provisions to cover single mothers belonging to OBC, the court observed:

"Prima facie, in the considered opinion of this court, the denial of benefit to single mothers belonging to OBC would clearly be patently arbitrary and discriminatory. This specially in light of the fact that the GNCTD accepts and recognizes its authority to frame its own independent list relating to OBC…."

Questioning as to why the Delhi Government is dependent on central government's decision in the matter, Justice Varma asked, "…a single mother who is indisputably an OBC, if she wants OBC certificate for her children, why would she be denied that?"

He further said: "If you (Delhi Government) have the power to recognize any particular class as OBC, then the issue of issuance of certificate also has to be considered by you…"

As the counsel appearing for the respondents prayed for one last opportunity to seek instructions with regard to the clarification sought from the Centre, the court listed the matter for hearing further on December 13.

"The same issue has been raised in the Delhi Assembly also…they might be in the process of a policy being formulated but I'll get a final answer," the counsel said.

On March 10, the Delhi Government's revenue department had refused to accept the application form moved by the woman on the ground that the OBC Certificate could not be issued on the basis of the caste certificate of a single mother residing in the national capital.

The petitioners have relied on a case where the Delhi Government had allowed a single mother from SC/ST community to get caste certificate for her children on the basis of her caste certificate. "Accordingly, with the publication of said circular, a single mother belonging to Schedule Caste/Schedule Tribe can apply and get caste certificate for her children on the basis of the Caste Certificate issued to her," the plea states.

Title: Prachi Kataria & Ors v. Government of NCT of Delhi & Anr