NEW DELHI: The Supreme Court on Monday agreed to examine elaborately an important issued raised in a plea for a direction for amending rules to issue OBC certificates to children of single mothers from the same category.
A bench of Justices K V Viswanathan and N Kotiswar Singh said the writ petition raised an important issue about issuance of OBC certificate to children of single mother wherein the mother belongs to the OBC.
"Considering the importance of the matter, subject to the order of the Chief Justice of India, the matter be placed for final hearing on July 22," the bench said.
The court asked the parties to file their written submissions.
The court asked the parties to consider a scenario where the single mother was in an inter-caste marriage.
The Union government counsel said they had filed their counter affidavit on the plea.
On January 31, the apex court issued notice and sought responses from the Centre and the Delhi government on the plea filed by a Delhi-based woman, Santosh Kumari.
During a brief hearing, the bench referred to a 2012 judgement of the apex court which dealt with the question surrounding the status of a person, one of whose parents belongs to the Scheduled Castes or Scheduled Tribes and the other did not belong to either category.
The government counsel said the issue needed deliberation and all states were needed to be made party in the matter.
He said the authorities would be needing guidelines from the apex court in this regard.
The Centre's counsel said various factors had to be considered following which guidelines would be formulated.
The petitioner said the Other Backward Class (OBC) certificate should be issued on the basis of the certificate held by the single mother.
According to the petitioner, in terms of the guidelines issued by the respondent authorities, an OBC certificate couldn't be granted on the basis of an OBC certificate of a single mother and an applicant had to produce such a certificate from the paternal side only.
The petitioner claimed such an action by the respondents was clearly against constitutional provisions.
"The inaction on the part of respondents to issue OBC certificates to children of single mother on the basis of the Other Backward Class certificate of their single mother are also in contravention of the rights of the children who belong to the Other Backward Class," the plea said.
The petition also called it violative of the provision of the Constitution as children of a single mother belonging to the SC or ST category were granted caste certificates on the basis of her certificate.
It contended insisting on the father's OBC certificate or the paternal side by the authorities for issuing OBC certificates to children of single mothers was totally against the rights of children brought up by her.
It referred to the Delhi government's guidelines for issuing OBC certificates.
The plea questioned the mandate which stated that a single mother belonging to OBC category who wants to apply for such certificate for her adopted child on the basis of her own certificate was not allowed to apply for want of the husband's OBC certificate.
