Supreme Court of India.
Supreme Court to Frame Guidelines for Issue of OBC Certificate for Children of Single Mothers: New Delhi – The Supreme Court of India is poised to frame comprehensive guidelines concerning the issuance of Other Backward Class (OBC) certificates to children raised by single mothers. A key aspect of this deliberation will be to address the complexities arising from inter-caste marriages.
A bench comprising Justice K.V. Viswanathan and Justice N. Kotiswar Singh acknowledged the significant nature of the issue. They expressed concern that the matter was listed during “partial working days,” emphasizing its importance and the need for a detailed hearing.
The Court‘s observation came during a Public Interest Litigation (PIL) filed by Santosh Kumari, a retired teacher, seeking changes to the existing rules for granting OBC certificates. The petitioner highlighted a major challenge: even when a single mother belongs to the OBC category, her child is often required to produce a caste certificate from the paternal side. This, the petitioner argued, creates undue hardship and effectively excludes children raised solely by OBC mothers from receiving rightful benefits.
Justice KV Viswanathan.
Justice Viswanathan specifically pointed out a potential complication: “See, the problem will arise if there is an inter-caste marriage.” He stressed that it is an “important issue” that “needs to be deliberated.” The Court indicated that a “uniform standard” might be necessary, suggesting that all states in India might need to be included as parties in the case to ensure consistent application of any future guidelines.
Representing the Union of India, Additional Solicitor General Sanjay Jain referred to a previous Supreme Court decision in Rameshbhai Dabhai Naika v. State of Gujarat (2012). That judgment dealt with the caste status of children in cases where single mothers belonged to Scheduled Castes (SC). Jain suggested that similar principles or guidelines might be needed for OBC classification in the current context. In the Rameshbhai Dabhai Naika case, the Court had ruled that while there might be a presumption that a child inherits the father’s caste in inter-caste or tribal marriages, this presumption is “not conclusive or irrebuttable.” It allowed for a child to prove they were raised solely by the mother and experienced similar disadvantages as her community.
Justice N Kotiswar Singh.
The Court’s order formally noted: “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.”
Recognizing the considerable significance of the matter, the Bench has scheduled the case for a final hearing on July 22, 2025. The Court has also granted liberty to any state wishing to present its perspective 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.”
This case, titled Santosh Kumari v. Government of NCT of Delhi & Ors. (W.P.(C) 55 of 2025), has drawn national attention. It seeks to bring clarity and fairness to the process of obtaining OBC certificates for children of single mothers, particularly in diverse family structures, ensuring that their rights to access benefits are not hampered by outdated or overly rigid bureaucratic requirements.
