Thursday, December 1, 2022
Homedelhi city newsDelhi High Court says denial of caste papers discriminatory | Latest News...

Delhi High Court says denial of caste papers discriminatory | Latest News Delhi

The Delhi high court on Wednesday observed that the denial of caste certificate to the wards of a single mother from the Other Backward Classes (OBC) category is “patently arbitrary” and “discriminatory”.

Justice Yashwant Varma, while hearing a plea by a single mother against the denial of caste certificate for her children, also took exception to the Delhi government’s stand that single mothers from the OBC category are not being given caste certificates for their children, awaiting the union government’s clarification on the issue.

“You have the power to recognize any particular class. As an OBC, the issue of certificate to the child of a single mother is also looked into by you,” the court said.

“Prima facie, in the considered opinion of this court, the denial of such a facility to single mothers belonging to OBC would be patently arbitrary and discriminatory. This is, especially in light of the fact that if the Delhi government accepts and recognises its authority to frame its own independent list relating to OBC, in light of the provisions of 342 of the Indian Constitution,” the judge said in his oral order.

The observations come while hearing the plea by the mother who had sought issuance of an OBC certificate for her two sons from the city government, on the basis of her OBC certificate.

The petition has contended that as per the guidelines of the city government for issuance of OBC certificate, an OBC certificate cannot be granted on the basis of OBC Certificate of a single mother and the applicant has to produce OBC Certificate from paternal side only.

The plea claims that such action by the respondents (department of revenue Delhi government and SDM Saraswati Vihar) is clearly against the provisions of Constitution of India.

It said that inaction by respondents to issue an OBC certificate to her 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.

During the hearing, the counsel for the Delhi government submitted that while in principle, it feels that single mothers belonging to OBC category should apply and obtain caste certificate for their children, they have not been able to take a final decision since clarification has been sought from the union govt.

The counsel said that the issue of pending clarification essentially arises in context to a circular that was issued by the union government which had restricted the facility to single mothers of ST/SC category. He added that the circular did not extend its provisions to single mothers of the OBC category.

Saying that the issue has also been raised in the Delhi Assembly where Deputy chief minister Manish Sisodia has taken note of the issue, the counsel sought one last opportunity to take instructions on the issue.

The court granted him time and posted the matter for hearing on December 13.

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