In a plea, a single mother sought the issuance of an OBC certificate for her two sons by the Delhi government based on her having been issued an OBC certificate. Observing that the denial of an Other Backward Caste certificate to children of single mothers is discriminatory and arbitrary, the Delhi High Court Wednesday asked why the Delhi government was dependent on the Centre’s decision when they had the jurisdiction to recognise an OBC. The observation was made by a single judge bench of Justice Yashwant Varma in a plea moved by a single mother seeking the issuance of an OBC certificate for her two sons by the Delhi government based on her having been issued an OBC certificate. The plea claims that as per guidelines of the Delhi government for issuance of OBC certificate, a certificate cannot be granted based on the certificate of a single mother, and the applicant has to produce an OBC Certificate from the paternal side. The plea, submitted through advocate Karan Babuta, claims that such action by the respondents (department of revenue, Delhi government and SDM Saraswati Vihar) is clearly against the provisions of the Constitution. The mother asserts that inaction by respondents to issue an OBC certificate to her based on the OBC certificate of their single mother is also in contravention of the rights of the OBC children. During the hearing, Avishkar Singhvi, counsel appearing for the respondents, submitted that the Delhi government has not been able to take a final decision on the matter. It was submitted that a clarification has been sought from the central government towards this end. Singhvi drew the court’s attention to a supplementary affidavit of the respondents and submitted that a circular has been issued by the Centre which allows the benefit only in the case of single mothers belonging to SC and ST categories. The HC asked Singhvi, “If you have the independent power to recognise any particular class as an OBC, the issue of certificate for the child of such an OBC (person) will also have to be considered by you… Jurisdiction to recognise an OBC is with the Delhi government.” Singhvi sought one last opportunity to seek clarification on the matter and submitted that the same issue has been raised in the Delhi Assembly and that the respondents might be in the process of formulating a policy. The HC noted that the counsel for the respondents submits that while in principle, the Delhi government feels that single mothers belonging to the OBC category can apply for and obtain an appropriate caste certificate, but in the case of their children, they have not able to take a final decision since clarification has been sought from the union government. The issue, according to counsel, for respondents essentially arises in the context of a circular that was issued by the union government which had restricted the facility to single mothers of the ST/SC category, the HC noted, adding that the said circular did not extend its provisions to single mothers of the OBC category. The HC observed, “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, 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 constitution)”. The matter is next listed on December 13.