The Delhi High Court on Wednesday remarked that the decision to not issue caste certificates to children based on the certificate of a single mother belonging to the Other Backward Class (OBC) is a policy decision.
A single bench of Justice Subramonium Prasad emphasized that passing an order directing the government to provide certificates to the children of a single OBC mother, when they do not have such a right, would amount to formulating a policy.
Addressing the fact that children of single mothers from the Scheduled Caste (SC) category can receive caste certificates, the bench noted that not all benefits given to the SC category are extended to the OBC category.
The single bench clarified that the court cannot pass such a mandamus since the petitioner does not possess such a right under the Constitution of India.
“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,” the bench remarked.
The bench was hearing a plea filed by Prachi Kataria and her two children, seeking the issuance of caste certificates for the latter. It was argued that Kataria, a single mother belonging to the OBC category, has not been able to obtain caste certificates for her children due to existing restrictions.
On May 26, 2023, the Court had directed the Central government to provide clarity on whether the benefit accorded to the SC category, in regard to issuing caste certificates to the children of single mothers, should also be extended to the OBC category. However, during today’s proceedings, the Court was informed that the government has not yet filed an affidavit.
Consequently, the bench adjourned the case until September 20 and directed the Central government to submit its affidavit by that date.
