LI Network
Published on: 26 July 2023 at 17:15 IST
The Delhi High Court, addressed the issue of not issuing caste certificates to children based on their single mother’s certificate belonging to the Other Backward Class (OBC).
Justice Subramonium Prasad remarked that such a decision is purely a matter of policy and ordering the government to issue certificates without any existing right would essentially be framing a policy.
During the proceedings, it was highlighted that children of single mothers from the Scheduled Caste (SC) category can be issued caste certificates. However, the Court pointed out that not all benefits available to the SC category are extended to the OBC category.
Justice Prasad clarified that passing a mandamus to provide relief to the petitioner is not possible as there is no constitutional right for such issuance.
“It is a matter of policy… It is not as if all the benefits granted to a single mother belonging to the SC category are extended to single mothers belonging to the OBC category as well. It is a matter of pure policy. Granting the relief will amount to framing a policy… On the face of it, speaking for myself, not inclined,” remarked the Court.
The plea was filed by Prachi Kataria, a single mother from the OBC category, on behalf of her two children, seeking the issuance of caste certificates for them. However, the certificates were not granted as it was not allowed for children of single OBC mothers.
On May 26, 2023, the Court had directed the Central government to clarify whether the benefit of issuing caste certificates to the children of single mothers from the SC category should be extended to the OBC category as well. However, as of the recent hearing, the government had not filed an affidavit on the matter.
The Court adjourned the case to September 20 and instructed the Central government to submit its affidavit.
