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SC terms plea on OBC certificates for children of single mothers ‘important,' says detailed hearing needed
SC terms plea on OBC certificates for children of single mothers ‘important,' says detailed hearing needed

Hindustan Times

time33 minutes ago

  • Politics
  • Hindustan Times

SC terms plea on OBC certificates for children of single mothers ‘important,' says detailed hearing needed

The Supreme Court on Monday termed "important" the plea for amending rules to issue OBC certificates to children of single mothers from the same category. The Centre's counsel said various factors had to be considered following which guidelines would be formulated.(ANI) A bench of Justices K V Viswanathan and N Kotiswar Singh said the matter required a detailed hearing. "The present writ petition raises an important issue about issuance of OBC certificate to children of single mother wherein the mother belongs to the OBC," the bench said. The counsel representing the Centre said they had filed their counter affidavit on the plea. On January 31, the apex court issued notice and sought responses from the Centre and the Delhi government on the plea filed by a Delhi-based woman. "This has to be heard," the bench said on Monday, calling it an important issue. The bench referred to a 2012 judgement of the apex court which dealt with the question surrounding the status of a person, one of whose parents belongs to the Scheduled Castes or Scheduled Tribes and the other did not belong to either category. The Centre's counsel said the issue needed deliberation and all states were needed to be made party in the matter. He said the authorities would be needing guidelines from the apex court in this regard. The Centre's counsel said various factors had to be considered following which guidelines would be formulated. The petitioner said the Other Backward Class (OBC) certificate should be issued on the basis of the certificate held by the single mother. "Considering the importance of the matter, subject to the order of the Chief Justice of India, the matter be placed for final hearing on July 22," the bench said. The parties were directed to file their written submissions. The bench also asked the parties to examine a scenario where the single mother was in an inter-caste marriage. The plea said according to the guidelines issued by the respondent authorities, an OBC certificate couldn't be granted on the basis of an OBC certificate of a single mother and an applicant had to produce such a certificate from the paternal side only. The petitioner claimed such an action by the respondents was clearly against constitutional provisions. "The inaction on the part of respondents to issue OBC certificates to children of single mother on the basis of the Other Backward Class certificate of their single mother are also in contravention of the rights of the children who belong to the Other Backward Class," the plea said. The petition also called it violative of the provision of the Constitution as children of a single mother belonging to the SC or ST category were granted caste certificates on the basis of her certificate. Insisting on the father's OBC certificate or the paternal side by the authorities for issuing OBC certificates to children of single mothers was totally against the rights of children brought up by her, the plea said. It referred to the Delhi government's guidelines for issuing OBC certificates. According to the guidelines, any person residing in Delhi and wanting to apply for an OBC certificate, has to produce an OBC certificate of any paternal blood relative which includes father, grandfather or uncle. The plea said a single mother belonging to OBC category who wants to apply for such certificate for her adopted child on the basis of her own certificate was not allowed to apply for want of the husband's OBC certificate.

SC says important after plea seeks OBC certificates to kids of single moms
SC says important after plea seeks OBC certificates to kids of single moms

Hindustan Times

time3 hours ago

  • Politics
  • Hindustan Times

SC says important after plea seeks OBC certificates to kids of single moms

New Delhi, The Supreme Court on Monday termed "important" the plea for amending rules to issue OBC certificates to children of single mothers from the same category. SC says important after plea seeks OBC certificates to kids of single moms A bench of Justices K V Viswanathan and N Kotiswar Singh said the matter required a detailed hearing. "The present writ petition raises an important issue about issuance of OBC certificate to children of single mother wherein the mother belongs to the OBC," the bench said. The counsel representing the Centre said they had filed their counter affidavit on the plea. On January 31, the apex court issued notice and sought responses from the Centre and the Delhi government on the plea filed by a Delhi-based woman. "This has to be heard," the bench said on Monday, calling it an important issue. The bench referred to a 2012 judgement of the apex court which dealt with the question surrounding the status of a person, one of whose parents belongs to the Scheduled Castes or Scheduled Tribes and the other did not belong to either category. The Centre's counsel said the issue needed deliberation and all states were needed to be made party in the matter. He said the authorities would be needing guidelines from the apex court in this regard. The Centre's counsel said various factors had to be considered following which guidelines would be formulated. The petitioner said the Other Backward Class certificate should be issued on the basis of the certificate held by the single mother. "Considering the importance of the matter, subject to the order of the Chief Justice of India, the matter be placed for final hearing on July 22," the bench said. The parties were directed to file their written submissions. The bench also asked the parties to examine a scenario where the single mother was in an inter-caste marriage. The plea said according to the guidelines issued by the respondent authorities, an OBC certificate couldn't be granted on the basis of an OBC certificate of a single mother and an applicant had to produce such a certificate from the paternal side only. The petitioner claimed such an action by the respondents was clearly against constitutional provisions. "The inaction on the part of respondents to issue OBC certificates to children of single mother on the basis of the Other Backward Class certificate of their single mother are also in contravention of the rights of the children who belong to the Other Backward Class," the plea said. The petition also called it violative of the provision of the Constitution as children of a single mother belonging to the SC or ST category were granted caste certificates on the basis of her certificate. Insisting on the father's OBC certificate or the paternal side by the authorities for issuing OBC certificates to children of single mothers was totally against the rights of children brought up by her, the plea said. It referred to the Delhi government's guidelines for issuing OBC certificates. According to the guidelines, any person residing in Delhi and wanting to apply for an OBC certificate, has to produce an OBC certificate of any paternal blood relative which includes father, grandfather or uncle. The plea said a single mother belonging to OBC category who wants to apply for such certificate for her adopted child on the basis of her own certificate was not allowed to apply for want of the husband's OBC certificate. This article was generated from an automated news agency feed without modifications to text.

Calcutta high court orders stay on Bengal govt's revised OBC list notification
Calcutta high court orders stay on Bengal govt's revised OBC list notification

Hindustan Times

time6 days ago

  • Politics
  • Hindustan Times

Calcutta high court orders stay on Bengal govt's revised OBC list notification

Kolkata: The Calcutta high court on Tuesday ordered a stay till July 31 on the state's notification on the revised Other Backward Class (OBC) list in which 140 communities were added, lawyers who attended the hearing said. The court observed that legal procedures and court directives were violated by the state. Lawyer Bikram Bandopadhyay, who represented petitioners challenging the Trinamool Congress (TMC) government's June 10 notification, said the division bench of justices Rajasekhar Mantha and Tapabrata Chakraborty ordered the interim stay not only on the issuance of the notification but also on issuance of OBC certificates based on the new list. 'The bench raised several questions when we pointed out that a proper survey on economic conditions and other parameters of 140 communities cannot be done in one and a half months as claimed by the state,' Bandopadhyay told the media after the hearing. During the hearing, justice Mantha criticised the state saying: 'You did half the work under the 2012 OBC Act and then reverted to the 1993 Act. Why is this inconsistency?' The order, which was passed after back-to-back hearings since Monday, was not uploaded on the high court's website till late evening. Petitions challenging the government notification were filed by three individuals and Atmadeep, a human rights organisation. In May 2024, after hearing petitions filed by the same petitioners, the division bench of justices Rajasekhar Mantha and Tapabrata Chakraborty cancelled the OBC status awarded to 77 Muslim communities by the state since 2010. This prompted the government to suspend quota-based recruitments and college admissions and move the Supreme Court where the matter is still pending. Of these 77 communities, 42 were earmarked for OBC status by the erstwhile Left Front government in 2010, a year before the Marxists were ousted by chief minister Mamata Banerjee's TMC. The court barred the state from appointing people from these communities with immediate effect but said those who have joined service so far on the basis of OBC reservation will not be affected. In the May 2024 order, a copy of which was seen by HT, the bench said: 'This Court is of the view that the selection of 77 classes of Muslims as Backward is an affront to the Muslim community as a whole. This Court's mind is not free from doubt that the said community has been treated as a commodity for political ends. This is clear from the chain of events that led to the classification of the 77 classes as OBCs and their inclusion to be treated as a vote bank.' 'Identification of the classes in the said community as OBCs for electoral gains would leave them at the mercy of the concerned political establishment and may defeat and deny other rights. Such reservation is therefore also an affront to democracy and the Constitution of India as a whole,' the order said. The Bharatiya Janata Party's West Bengal unit president Sukanta Majumdar welcomed Tuesday's order, saying 'it has exposed the TMC's efforts to appease Muslims through the backdoor.' Defending the state, TMC spokesperson Arup Chakraborty said: 'The survey on economic condition and other parameters was conducted following guidelines set by the court. It is a propaganda that a specific community is being benefitted.' State government lawyers said the interim stay would be challenged at the Supreme Court immediately.

Calcutta HC halts West Bengal's new OBC list notification until July 31
Calcutta HC halts West Bengal's new OBC list notification until July 31

Time of India

time6 days ago

  • Politics
  • Time of India

Calcutta HC halts West Bengal's new OBC list notification until July 31

A division bench of the Calcutta High Court , on Tuesday has given an interim stay on issuance of the notification for fresh Other Backward Class (OBC) list by West Bengal government in connection with 140 fresh new sub-classification of OBC. The stay order will be valid until July 31. The division bench of Justice Tapabrata Chakraborty and Justice Rajasekhar Mantha heard the matter today. The interim order was passed by High Court's Division Bench following a petition, seeking intervention of the High Court. Lawyer Bikram Bandopadhyay, who was one of the petitioner, said, 'The survey was done in haste within one month without following SC directives. We requested the Calcutta High Court to quickly do the hearing as the survey did not follow the Supreme Court guidelines. After two-day long hearing, the court has granted interim stay on notification.' 'Sub-classification related notification has been stayed. The stay order will be still July 31. We had asked to prepone the hearing. Justice Raja Sekhar Mantha questioned about new sub-classification,' the advocate added. Live Events A fresh survey was started by the state government on OBC classification . On March 18, the state government had informed the apex court to complete the process of the fresh survey within the next three months. In May 2024, the Calcutta High Court had rejected all OBC certificates issued in West Bengal since 2010. The fresh OBC list reportedly included 140 sub-sections of OBC, with 80 minority and 60 non-Muslims, as pointed out by Chief Minister Mamata Banerjee in the assembly. The stay order will be valid until July 31. Meanwhile, BJP leadership in Bengal has welcomed the court's order. Leader of Opposition Suvendu Adhikari welcoming the verdict, 'This is a victory of the judiciary against an arrogant state government. The Mamata Banerjee-led TMC government's blatant appeasement politics, as evident from the disproportionate inclusion of almost 90% new Muslim Classes in the OBC list, has been directly affront to the principles of equality and fairness.' Union MoS for Education and BJP State President Sukanta Majumdar said, 'The verdict shows Mamata Banerjee is anti-court and anti Consti. It is like giving reservation in the name of religion is being done. Under the name of OBC-A and B. There is an attempt to give 97% reservation to the Muslims from backdoor.' "Gratitude to Calcutta High Court for striking down Mamata Banerjee's attempt to stuff the OBC list with 76 Muslim groups—nearly 90% of new entries. This wasn't social justice. It was blatant, communal appeasement—a cynical move to hijack reservations for vote-bank politics,' Majumdar said in his X Handle. 'We are not above court. Let us see the verdict. OBC related survey has been done following court order. It is a false campaign.,' Trinamool leader Arup Chakraborty said. Admission stalemate With the High Court stay, uncertainty related to the entire admission procedure for colleges looms large. Ahead of the HC order, State Education Minister Bratya Basu said, 'If there is any order comes, we will take emergency actions. Our work will be done and we will act accordingly.'

West Bengal: Monsoon session to begin from Monday
West Bengal: Monsoon session to begin from Monday

Indian Express

time07-06-2025

  • Politics
  • Indian Express

West Bengal: Monsoon session to begin from Monday

West Bengal Assembly Speaker Biman Banerjee is set to introduce a resolution in the coming monsoon session that will begin on Monday, condemning the terrorist attack in Pahalgam, in Jammu and Kashmir and commend the Army's response in the Baisaran valley, after the attack. The resolution will not reference 'Operation Sindoor', sources said. Chief Minister Mamata Banerjee is expected to participate in the discussion when the resolution is brought to the House on Tuesday. The CM was scheduled to visit New Delhi on Monday, but according to state administration sources her plan has been deferred. 'This House expresses its profound sense of shock and anguish at the barbaric and inhumane attack perpetrated on innocent tourists in the Baisaran valley of Jammu and Kashmir on the April 22, 2025, which resulted in the tragic loss of 26 innocent lives, including three from West Bengal,' the resolution states. 'This House commends the coordinated efforts of the different wings of the Indian Armed Forces in targeting with absolute precision and destroying major terrorist infrastructures in Pakistan and Pakistan occupied Kashmir (PoK) and places on record its gratitude and appreciation for their relentless efforts in protecting the pride and dignity of the Nation; This House also commends the people of the country and especially of Jammu and Kashmir for their extraordinary display of unity, compassion and resilience in the aftermath of the attack; and … strongly condemns this brutal attack and at the same time salutes the discipline, dedication and courage shown by the different wings of the Indian Armed Forces in combatting militant and terrorist activities and safeguarding the sovereignty of the Nation,' it further stated. The Trinamool Congress (TMC), in the upcoming monsoon session, will move motions on drinking water issues and Ganges river erosion in Malda and Murshidabad districts. The state government is also likely to bring an Other Backward Class (OBC) reservation Amendment bill, proposing to add 76 new castes to the OBC list. The state Cabinet, last Monday, approved adding 76 new castes to the OBC list, bringing the total to 140 ethnic groups, based on recommendations from the West Bengal Commission for Backward Classes, an official said. Additionally, Farakka in Murshidabad district will be upgraded to a subdivision. Meanwhile, the BJP plans to introduce a motion on the Murshidabad riots.

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