SC considers guidelines for issuing OBC certificates to children of single mothers without paternal documents
The Supreme Court on Monday (June 23, 2025), flagged the issue of a lack of guidelines regarding 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 a final hearing on July 22, 2025.
The top court was hearing a single mother’s 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 the 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.
“The present petition raises an important issue about issuance of OBC certificate to children of single mother where the mother belongs to OBC category. The claim of the petitioner is certificate should be issued on the basis of the certificate held by single mother. The grievance of the petitioner is that present guidelines seem 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 court order reads.
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. 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 their paternal lineage, the Supreme Court asked the counsels.
The apex 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.
“You have to see and say what happens if the single mother had inter-caste marriage…Problem will arise if there is inter-caste marriage. They have resolved it for SC/ST…they said what happens if mother is SC/ST and father is not…they still say you cannot deny the benefit if the child is brought up in surrounding of the mother…similarly, those issues have to be sorted out in the final hearing of this matter…”, Justice Viswanathan
Justice Viswanathan further stated that the concept of the creamy layer will continue to apply, as it is applicable to income.
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 22nd July.
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