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2025 Supreme(Online)(SC) 11381

SUPREME COURT OF INDIA
K.V. VISWANATHAN, NONGMEIKAPAM KOTISWAR SINGH, JJ
SANTOSH KUMARI – Appellant
Versus
GOVERNMENT OF NCT OF DELHI & ORS. – Respondent
WRIT PETITION (CIVIL) NO. 55/2025



Advocates:
For the Appellants/Petitioners: Mr. Karan Babuta, Mr. Dawneesh Shaktivats, Mr. Mohd Yasin, Ms. Himanshi Mehta, Mr. Advait Ghosh, Mr. Ansh Arora
For the Respondents: Mr. S.D. Sanjay, Mr. Mukesh Kumar Maroria, Mr. Khushal Kolwar, Mr. Piyush Beriwal, Mr. Amit Sharma-B, Mr. Amit Sharma-II, Mr. Shubham Prakash Mishra

Guidelines for issuing Other Backward Class certificates to children of single mothers must be established to prevent hardship.

Headnote:The writ petition addresses the issue of issuing Other Backward Class certificates to children of single mothers, emphasizing the hardships faced due to existing guidelines. The Court notes the necessity for similar guidelines as indicated in Rameshbhai Dabhai Naika Vs. State of Gujarat regarding cases of single mothers. The matter is set for a final hearing on 22nd July 2025.

Table of Content
1. issuance of obc certificates to children of single mothers. (Para 1)
2. reference to prior judgments on single mother rights. (Para 2)
3. procedural orders and next steps in the hearing. (Para 3 , 4)

O R D E R

1. The present writ petition raises an important issue about issuance of Other Backward Class certificate to the children of single mothers, 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 provide for considering the Other Backward Class certificate issued to any paternal blood relatives as the basis. According to the petitioner, this causes grave hardship to the single mothers.

2. Mr. S.D. Sanjay, learned Additional Solicitor General draws our attention to the counter affidavit filed by the Ministry of Social Justice and Empowerment and to the judgment passed by this Court in the case of “ Rameshbhai Dabhai Naika Vs. State of Gujarat reported in (2012) 3 SCC 400, wherein observations were made with regard to the single mothers belonging to the Scheduled Caste/Scheduled Tribe categories and submits that similar guidelines will have to be laid down in the present matter also.

3. Considering the importance of the matter, subject to the orders of the Hon’ble the Chief Justice of India, let this matter be placed for final hearing on 22nd July, 2025.

4. In the meantime, parties are at liberty to file their written submissions.

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