Supreme Court To Frame Guidelines For OBC Certificates To Children Of Single Mothers

The Bench of Justice K.V. Viswanathan and Justice N. Kotiswar Singh was hearing a Public Interest Litigation seeking amendments to the prevailing guidelines for the grant of Other Backward Class certificates. The petitioner submitted that in the present framework, even when a single mother belongs to the OBC category, the child is compelled to produce caste certification from the paternal side, thereby causing undue hardship and effectively excluding children raised solely by OBC mothers.

Justice Viswanathan expressed concern over the matter being listed during partial working days and remarked, “This has to be heard. Why is it listed in partial working days?”

The Court underscored the larger ramifications of the issue and observed that a uniform standard might be necessary. Justice Viswanathan said, “See, the problem will arise if there is an inter-caste marriage,” adding, “It is an important issue. It needs to be deliberated. All these States need to be made party.”

When the counsel for the Respondents submitted that guidelines would be required from the Court and that all States would need to be impleaded, Justice Viswanathan remarked, “Something will have to be laid down.”

Appearing for the Union of India, Additional Solicitor General Sanjay Jain referred to the Supreme Court’s earlier decision in Rameshbhai Dabhai Naika v. State of Gujarat, (2012), which dealt with caste status of children in the context of single mothers from Scheduled Castes. He submitted that similar principles or guidelines may be required in the present context of OBC classification as well.

In its order, the Court recorded, “The present writ petition raises an important issue about issuance of Other Backward Class certificate to children of single mother where the mother belongs to the Other Backward Class category. The claim of the petitioner is that the certificate should be issued on the basis of the certificate held by the single mother. The grievance of the petitioner is that the present guidelines are to provide for considering the OBC certificate issued to any paternal blood relative, as the basis. According to the petitioner, this causes grave hardship to single mothers.”

The Bench observed that the matter is of considerable significance and requires a final hearing. Accordingly, the Court directed, “Considering the importance of the matter, subject to orders of Hon’ble Chief Justice, let the matter be placed for final hearing on 22 July. States that desire to appear and place their point of view, are at liberty to do so.”

Justice Viswanathan reiterated in open court, “You also have to see what happens if there is inter-caste marriage. It is certainly a case for consideration.”

The matter is to be listed on July 22, 2025.

Cause Title: Santosh Kumari v. Government of NCT of Delhi & Ors. (W.P.(C) 55 of 2025)