OBC Status Only Via Father? SC Questions Why Certificate Can't Be Given Via Mother's Caste, To Hear Case On July 22

The Supreme Court on Monday flagged the issue that there is a lack of guidelines with respect to the issuance of Other Backward Classes (OBCs) certificates to the children of a single mother.

Considering the importance of the matter, a bench of Justices KV Vishwanathan and N Kotishwar Singh listed the matter for final hearing on July 22 this year.

Plea on OBC certificates

The top-court was hearing a single-mothers' plea seeking issuance of OBC certificates to her children, based on her own caste-status. The plea stated that the present guidelines, in this regard, only provide for issuance of OBC certificates by considering the OBC certificate through a paternal lineage. Thus, it causes grave hardship to single mothers, the plea added. 

During the hearing, the Additional Solicitor General (ASG), who appeared for the Union of India, stated that they had already filed a counter-affidavit (response to the plea), in which they stated that the State governments are empowered to form and issue guidelines regarding the matter. 

Noting this submission, the apex court asked the petitioner to send a copy of their plea to all State governments so that they may decide to file their respective responses over the same. 

SC on caste-certificate via maternal lineage

The top court flagged another related issue that may arise in situations where the children, for whom the OBC-certificate is sought through their maternal lineage, are born out of an inter-caste marriage. In such a situation, would the children be entitled to avail a caste-certificate through their maternal lineage or through their paternal lineage, Supreme Court asked the counsels.

The top court also noted the submission of the petitioners that guidelines in this regard have been issued with respect to Scheduled Castes (SCs) and Scheduled Tribes (STs) and that similar guidelines may be laid down in the present matter also. After hearing all parties, the SC said that this is an important issue that needs to be resolved. Thus, it listed the matter for a final hearing on July 22.

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