Delhi High Court - Orders
Prachi Kataria & Ors vs Government Of Nct Of Delhi & Anr on 26 May, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6593/2022 and CM APPL. 28911/2023
PRACHI KATARIA & ORS. ..... Petitioners
Through: Mr. Karan Babuta, Adv. (M:
9310011052)
versus
GOVERNMENT OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr Avishkar Singhvi, Mr Naved
Ahmed & Mr Vivek Kumar, Advs for
R-1 & 2. (M: 8586915499)
Mr. Ajay Digpaul, CGSC alongwith
Ms. Swati Kwatra and Mr. Kamal
Digpaul, Advs. for UOI.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 26.05.2023
1. This hearing has been done through hybrid mode. CM APPL.28911/2023 (for direction)
2. The present petition has been filed by the Petitioners seeking issuance of the Other Backward Classes ('OBC') certificate by the Respondents to Petitioner No.2-Shreshth and Petitioner No.3-Sarthak on the basis of the OBC certificate of their single mother, Petitioner No.1-Prachi Kataria.
3. The GNCTD had taken a stand that it had already written a letter dated 4th July, 2022 to the Ministry of Social Justice and Empowerment (hereinafter "Ministry") seeking directions to enable the issuance of the OBC certificate to the children of single mothers.
4. In view of the said stand, on 22nd February, 2023, the said Ministry was impleaded as a Respondent in the matter. Further, an affidavit was sought on behalf of the Ministry as to whether the said communication dated W.P.(C) 6593/2022 Page 1 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 09:14:40 4th July, 2022 was replied to or not. The operative portion of the said order is extracted below.
"3. The stand of GNCTD in the present case is that it has already written a letter to the Ministry of Social Justice & Empowerment on 4th July, 2022 for the issuance of appropriate directions enabling issuance of OBC certificate to children of single mothers as well. It is submitted by the ld. Counsel for GNCTD that no reply has been received to the said communication till date.
4. Accordingly, it is deemed appropriate to implead the Ministry of Social Justice & Empowerment through the Secretary, Ministry of Social Justice and Empowerment.
5. Mr. Ajay Digpaul, ld. CGSC, who is present in Court, is requested to accept notice on behalf of the said Ministry and file an affidavit within a period of four weeks."
5. In response thereto, an affidavit dated 10th April, 2023 has been placed on record by Mr. N.K.C. Thang, Director, Ministry of Social Justice and Empowerment, New Delhi to the following effect-
"5. That in response to the said communication dated 04.07.2022 of respondent no. 1, the answering respondent no. 4 'vide its communication dated 13.03.2023, has already conveyed its stand that "the instructions issued by the Ministry vide letter No.1201 7/02/2017-SCD(R.L.Cell) dated 03.10.2019 are applicable only in the case of Scheduled Castes". A copy of the letter dated 13.03.2023 is annexed herewith as Annexure R-4/ 1."
6. From the above affidavit, it is clear that as per the Ministry's clarification only children of single mothers from the Scheduled Caste ('SC') category can be issued scheduled caste certificates. The same is not W.P.(C) 6593/2022 Page 2 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 09:14:40 available children of single mothers belonging to the Other Backward Class category (OBC).
7. In view of the above stand of the Ministry, let an affidavit be now filed by the Ministry as to whether the said benefit ought to be extended the single mothers in the OBC category or not and the reasons thereof.
8. Considering the stand of the Ministry, the question as recorded in the order dated 22nd February, 2023 would also be considered in respect of the invoking of the provisions of Article 342A(3) of the Constitution of India.
9. List on 26th July, 2023. The earlier date of 5th July, 2023 stands cancelled.
PRATHIBA M. SINGH, J.
MAY 26, 2023/dk/rp W.P.(C) 6593/2022 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 09:14:41