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.
Source: Barandbench
