Plea Filed In Supreme Court For Issuance Of OBC Certificates To Children Of Single Mothers Without Certificate From Paternal Side; Notice Issued

The Supreme Court on Friday (January 31) issued notice on a PIL seeking amendment in the guidelines for grant of OBC (Other Backward Classes) certificates to children of single mothers, so that the same can be issued based on OBC certificates of the single mothers, without insistence on certificates from the paternal side.

A bench of Justices BR Gavai and AG Masih passed the order, seeking the response of Delhi government as well as Union of India.

The petitioner, a retired teacher from MCD, claims that as per existing guidelines, caste certificates to children of single mothers from OBC category cannot be granted on the basis of the certificate of the mother and the applicant has to produce OBC certificate from a paternal blood relative - which includes father or grandfather or uncle.

Inasmuch as the criteria excludes single mothers from OBC category - divorced women, widows, women who have adopted - from applying for an OBC certificate for their children based on their own certificate, the petitioner asserts, it is discriminatory and violative of Articles 14 and 21 of the Constitution of India.

With regard to the claim of discrimination, the petitioner highlights that children of single mothers belonging to Scheduled Castes/Scheduled Tribes category are allowed to obtain caste certificates on the basis of certificates of their mothers, but not children belonging to OBCs.

In support of the claim of Article 21 violation, it is contended that the denial of OBC certificates on the above basis affects children of single mothers from OBC category socially and financially. 

"Because insistence on the OBC certificate of the father or paternal side by the respondents for issuing OBC certificate to the children of Single Mother (including Divorced mother, widow etc) belonging to OBC Category is totally against the rights of the children brought up by a single mother and also against the provisions of the Constitution of India."

The petition has been filed by AoR Vipin Kumar.

Case Title: SANTOSH KUMARI Versus GOVERNMENT OF NCT OF DELHI AND ORS., W.P.(C) No. 55/2025