New Delhi, The Supreme Court on Friday sought replies from the Centre and the Delhi government on a plea seeking directions to amend rules for issuing OBC certificates to children of single mothers.
A bench of Justices B R Gavai and Augustine George Masih passed the order on a plea filed by a Delhi-based woman.
The plea said as per 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 the 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," said the plea, filed through advocate Vipin Kumar.
The plea said it was also violative of the provision of the Constitution as the children of a single mother belonging to the SC or ST category were granted caste certificates on the basis of her certificate.
{{/usCountry}}The plea said it was also violative of the provision of the Constitution as the children of a single mother belonging to the SC or ST category were granted caste certificates on the basis of her certificate.
{{/usCountry}}The plea said insistence 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.
The plea referred to the Delhi government's guidelines for issuance of OBC certificate.
It said as per the guidelines, any person residing in Delhi and wanting to apply for an OBC certificate, had to produce an OBC certificate of any paternal blood relative which included father, grandfather or uncle.
The plea said 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 as she was not able to produce the OBC certificate of her husband who was not there.
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