The SC has indicated that it may frame guidelines for the issuance of Other Backward Classes (OBC) certificates to children of single mothers without the need for documents from the paternal side. The decision may bring relief to many single mothers who are struggling with the current norms.
A bench of Justices KV Vishwanathan and N Kotiswar Singh heard the case and has scheduled the final hearing for July 22, 2025.
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The court said “the present petition raises an important issue regarding issuance of OBC certificate to children of a single mother, where the mother belongs to the OBC category.”
The petitioner, who is a retired teacher from the Municipal Corporation of Delhi, argued that the current rules unreasonably mandate an OBC certificate from the child’s paternal lineage, such as father, grandfather or uncle, even if the child is raised solely by the mother belonging to the OBC category.
“Suppose there is a divorced mother, why should she go after the father?” Justice Vishwanathan remarked during the hearing.
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The petition highlights that the same requirement does not apply to children of single mothers belonging to Scheduled Caste (SC) or Scheduled Tribe (ST), who can obtain caste certificates based solely on their mother’s credentials. The petitioner claims that this is a clear violation of Articles 14 and 21 of the Constitution, which ensure the right to live with equality and dignity.
Additional Solicitor General Sanjay Jain, representing the Union of India and Union Territories, cited the Supreme Court’s 2012 judgment in Rameshbhai Dabhai Naika v. State of Gujarat [2012 (3) SCC 400], which held:
“In an inter-caste marriage… the presumption that the caste of the child is that of the father is not conclusive. A child brought up by an SC/ST mother may still be considered to be a part of her community, particularly if the child has suffered similar social disadvantages.”
Justice Vishwanathan reiterated the importance of evaluating such individual cases, especially when the mother is from the OBC category but has married inter-caste. He said the issue should be handled in the same manner as it has been done in SC/ST cases.
"They have resolved it for SC/ST… they said if the child has been brought up in the mother's environment, you cannot deny the benefit," the judge said.
The bench also stressed that the concept of creamy layer - a system that excludes economically advanced individuals from reservation benefits - based on income will still apply despite the new guidelines.
The case was originally filed in February 2025, and notices were issued to the Delhi government and the Union of India. The court has now allowed states that wish to submit their views before the final hearing on July 22.
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"You have to look and say what would have happened if the single mother had entered into an inter-caste marriage," Justice Vishwanathan said, urging the parties to consider the wider ramifications.
The outcome of this case could potentially lead to a much-needed reform that aligns the issuance of OBC certificates with constitutional principles, ensuring fair treatment for children of single mothers across India.
Case Title: SANTOSH KUMARI Versus GOVERNMENT OF NCT OF DELHI AND ORS., W.P.(C) No. 55/2025
