"Pure policy decision": Delhi High Court on plea by single-mother seeking OBC caste certificate for her children

The decision to not issue caste certificates to children based on the certificate of the single mother belonging to the Other Backward Class (OBC) is a policy decision, the Delhi High Court remarked on Wednesday..Justice Subramonium Prasad said that passing an order directing the government to issue certificates to the children of a single OBC mother, without any such right being available to them, will amount to framing a policy.As it was pointed out that children of single mothers from the Scheduled Caste (SC) category can be issued caste certificates, the Court remarked that not all benefits that are given to the SC category are extended to the OBC as well.Justice Prasad said that such a mandamus cannot be passed as there is no such right available to the petitioner under the Constitution of India.“It is a matter of policy… It is not as if all the benefits granted to a single mother belonging to the SC category are extended to single mothers belonging to the OBC category as well. It is a matter of pure policy. Granting the relief will amount to framing a policy… On the face of it, speaking for myself, not inclined,” the Court remarked..The Court was hearing a plea filed by one Prachi Kataria and her two children seeking issuance of a caste certificate to the latter. It was stated that Kataria is a single mother belonging to the OBC category but her children have not been issued the caste certificates because it is not allowed. In an order passed on May 26, 2023, the Court had asked the Central government to clarify whether the benefit given to the SC category on issuance of caste certificate to the children of single-mother should be extended to the OBC as well. However, the Court was today informed that no affidavit has been filed by the government yet..The Court, therefore, adjourned the case to September 20 and asked the Central government to place its affidavit.