The burden of proof of social status is on the person who seeks the benefit of constitutional socio-economic advantages, and positive evidence demonstrating the children's acceptance by the mother's community and their suffering of disadvantages and deprivations is required to be entitled to a caste certificate.

JUDGMENT

Subramonium Prasad, J. - The instant appeal is directed against the judgment and order dated 14.08.2019, whereby the learned Single Judge has dismissed W.P.(C). No.8780/2019 filed by the appellant/petitioner and has upheld the order dated 31.07.2019, passed by the Tehsildar/Executive Magistrate Delhi Cantt, rejecting her request for a caste certificate in respect of her two children. The learned Single Judge has also upheld the Office Orders dated 26.11.2015 and 07.03.2017, issued by the respondent No.1/GNCTD, which lay down the procedure for issuance of a caste certificate in faovur of a dependent.

2. Shorn of extraneous details, the brief facts leading to filing of the present appeal are as follows:

(a). The appellant is serving as a Wing Commander in the Indian Air Force and belongs to a Scheduled Caste community in Assam. In the year 1999, the appellant had married one Vikas Hora, also serving in the Indian Air Force and belonging to a forward caste. The said marriage was solemnized in Lucknow. Two children (both sons) were born from out of the wedlock in the years 2001 and 2004 respectively. In May 2005, the appellant initiated divorce proceedings against her husband on the ground of cruelty before the Court at Tezpur, Assam. By an order dated 07.03.2009, the Court at Tezpur had dissolved the marriage of the parties. Pursuant to the divorce, the appellant and her two children had resided at the Air Force Station, Jorhat, Assam and later on, between the years 2010 to 2016, they had resided at the Air Force Station accommodation in Delhi where she was posted.

(b). On 05.10.2016, the appellant had filed an application before the Executive Magistrate, Delhi for grant of Scheduled Caste certificates in respect to her two children claiming that they are entitled to a certificate certifying that they belong to the same community to which she belongs. Since no response was received from the authorities, the appellant approached the High Court by filing W.P.(C). No. 4947/2017. By an order dated 05.07.2018, the learned Single Judge disposed of the writ petition directing the appellant to file an application for issuance of a Scheduled Caste certificate online and furnish requisite material to establish that the children are entitled to such a certificate. Pursuant to the above order, the appellant submitted an application on 31.07.2018 before the respondent No.1. Vide order dated 14.08.2018, the said application was rejected by the respondent No.1 on the ground that the appellant had not furnished the paternal side Scheduled Caste certificate.

(c). The said order dated 14.08.2018 was challenged by the appellant by filing W.P.(C). No.9424/2018. Vide order dated 07.09.2018, the learned Single Judge had set aside the order rejecting the application for a caste certificate on the ground that no reasons had been provided for rejecting the same and the respondent No.1 was directed to consider the case of the appellant and communicate a reasoned/speaking order to her on or before 25.09.2018. Pursuant to the remand order, by a detailed order dated 31.07.2019, the respondent No.1 had rejected the appellant''s application. The Executive Magistrate observed that the nexus between the children and the community is the real test for grant of a community certificate. It was held that, in the absence of any evidence to support the fact that the children have grown-up in the company of the relations on the maternal side and that the appellant and the children had attended all family holidays, ceremonies, rituals, gatherings, etc. held in the village of the appellant, the children would not be entitled to the caste certificate, as prayed for. It was this order that was challenged by the appellant in W.P.(C) 8780/2019.

3. By the impugned judgment and order dated 14.08.2019, placing reliance on the decision of the Supreme Court in Rameshbhai Dabhai Naika v. State of Gujarat and Ors., (2012) 3 SCC 400 , the learned Single Judge observed that t