Can Delhi Govt Issue OBC Certificate For Children Of A Single Mother On Basis Of Her Caste Certificate? High Court To Consider

The Delhi High Court is set to consider a question as to whether the Delhi Government, being a union territory, is empowered to issue Other Backward Class (OBC) certificate for children of a single mother on the basis of her caste category.

A woman has moved a petition before the court seeking directions for issuance of OBC certificate to her two children on the basis of her caste certificate. On March 10, the Delhi Government's revenue department had refused to accept the application form moved by the petitioner 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.

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 and can only be issued when the parental side's caste certificate is furnished along with the application form. The petitioner, a divorcee, has argued the same goes against the right of her children, who are being raised by her, and also violates provisions of the Constitution of India.

During the course of hearing today before Justice Yashwant Varma, the counsel appearing for the respondent authorities on instructions submitted that the Delhi Government, being a union territory, follows the guidelines issued by the Central Government.

"….yesterday we have received a communication after following up after almost a month. The communication says that the revenue department has already written to the central government because in the union territory, it's the central government's policies which has to be followed," he said.

Justice Varma at this stage asked Singhvi about the constitutional scheme and subsequent amendments, specifically Article 338B.

"Remember, that now under 338B it's in a sense a concurrent power, in both...it's not really a question of policy, that's one. Remember that the constitution bench has also rejected the application for review. However, power that they had assumed to vest in the union has now...by the subsequent amendments in 338B again be recognised to be a part of state govts. I'm referring to the constitution bench where Justice Bhushan gave a dissent," Justice Varma orally told Singhvi.

To this, Singhvi responded that while the Delhi Government's Revenue Department had no issue in giving the benefit to the petitioners, however, the department had said that an "inappropriate policy" is being formed by Central Government's Ministry of Social Justice. He sought impleadment of Centre as a necessary party.

"I don't want to get into the fight between you and the union government....I am only deciding an issue .... if it is established that GNCTD cannot pass requisite directions....You have an assembly and your assembly can exercise all powers falling under list 2 and list 3," the court said.

Justice Varma added "…in light of 338B, it won't really be any imperative for the union advising you...you can go through this issue again and then tell us."

Accordingly, the court adjourned the matter to November 23 as Singhvi sought further time to obtain complete instructions.

To support their plea, 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 in July last year.

"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