F. I. REBELLO, J.:- Rule. Heard forthwith.

2. The petitioner had applied for verification of his caste claim as belonging to Mala Jangam Scheduled Caste. A caste certificate had been issued in favour of the petitioner by the Tahsildar and Taluka Executive Magistrate, Dharur. District Beed on 19th July. 1994. According to the petitioner his caste claim was forwarded in October, 2000 by the Principal of Dayan and College, Latur for verification. As the constituted Committee did not take up the matter for scrutiny the petitioner had to apply for admission to Engineering Course from open category. The Committee by order dated 20th June. 2005 refused to verify the claim of the petitioner on the ground that he had not sought admission from reserved category. That order was challenged before this COU1t in Writ Petition No.6345 of 2005. This Court by order dated 13th June. 2006 directed the Committee to scrutinise and verify the caste claim of the petitioner as expeditiously as possible. This Court also directed the petitioner to submit relevant documents. These documents included the documentary evidence from School Registers, which showed the petitioner' s caste as Mala Jangam. Similar document of his father including his service record as also document of his brothers, sister and other close relatives showing caste as Mala Jangam. The caste validity certificate issued in favour of his cousin brother was also annexed as also the document in the name of his great grand father pertaining to transaction of land purchase.

Though the petitioner's claim was belonging to Mala Jangam. Scheduled Caste, we find from the order of the Committee that they proceeded on the basis that the petitioner had applied for verification of caste "Rajput Bhamata", Either this would amount to typographical error or a total non-application of mind on the part of the Committee. On considering the documents the Committee proceeded on the footing that the documents are of recent origin meaning thereby subsequent to the Presidential Notification notifying Mala Jangam as a Scheduled Caste. The document of sale was not considered though of 20th February, 2004 on the basis that it was unregistered. On that basis the Committee proceeded to hold that the petitioner could not establish that he belonged to Mala Jangam Scheduled Caste.

We may only note that an additional event which took place after the order of this Court dated 13th June. 2006 in Writ Petition No.6345 of 2005. As the petitioner’s claim was not being verified the petitioner tiled Contempt Petition being Contempt Petition Stamp No.23 of 2008. That was withdrawn on the basis that the claim of the petitioner had by then being decided.

3. On behalf of the petitioner it is submitted that the decision of the Committee suffers from error of law apparent on the face of the record in as much as not only have the judgments of the Supreme Court and this Court not being considered but also the provisions of the Maharashtra Scheduled Caste. Scheduled Tribes. De-notified Tribes (Vimukta Jatis). Nomadic Tribes. Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act. 2000 and the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rule. 2003 framed there under are not being followed. For the sake of brevity we may refer to the Act as "the Act" and the Rules as "the Rules". A learned Bench of this Court in Prabhu s/o. Narayan Sur vase Vs. State of Maharashtra & Ors., 2004(4) ALL MR 815 after placing reliance on the judgment of the Supreme Court in Gayalrilaxmi Bapurao Nagpure Vs. State of Maharashtra, (1996)3 SCC 685 has clearly held that it is not open to the Committee to reject documentary evidence produced mainly on the ground that it is of recent origin without considering the probative value. It was further observed that no doubt, a burden is on the candidate, but when the documents are produced, those documents will

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