K. K. T A TED, J. :- Rule. Rule made returnable forthwith. With the consent of the parties, this petition is taken up for final hearing at admission stage.

2. The petitioners, under Articles 226 and 227 of the Constitution of India approaches this Court, contending that the decision of the Caste Scrutiny Committee rejecting their appeal against the order dated 29th May, 2001 passed by the Sub-Divisional Officer, Bhusawal suffers from an error of Jaw apparent on the face of the record.

3. The learned Counsel for the petitioners has framed his challenges as under.

(a) The Scrutiny Committee failed to consider the important documents and material filed by them.

(b) The order of respondent No.2 i.e. Scrutiny Committee suffers from non application of mind and the decision has been given without following procedure.

4. On the other hand, learned Counsel appearing on behalf of the respondents submits that the Scrutiny Committee considered all the documents produced by the petitioners on record. Not only that, the Committee also heard the petitioners in person. The Committee considered the school leaving certificates of the petitioners wherein caste is mentioned as "Hindu Koli" and "Hindu Koli (Suryawanshi Koli)". These documents pertain to the period 1913 and 1947 respectively. These documents are having more probative value of evidence to decide the caste claim of the petitioner's son. Therefore, the order passed by the Committee dated 31-12-2002 is according to law. He further submitted that the petitioner No.2 challenges the same order by preferring Writ Petition No.2012 of 2003 in this Court and the same was withdrawn by him on 16th September, 2003 without seeking any liberty. Therefore, the present petition is not maintainable for the same cause of action.

5. We heard both the sides at length. It is the case of the petitioners that they belong to "Tokare Koli" caste, which is included as Scheduled Tribe. The petitioner No.1 had applied for caste certificate for his son Kishor Pandurang Mahale i.e. petitioner No.2 to the Sub-Divisional Officer, Bhusawal on 25th September, 2001. The Sub-Divisional Officer, Bhusawal refused to give certificate as "Tokare Koli" on the ground that petitioner No.1 had not submitted authentic certificate of blood relatives and other documents.

6. Being aggrieved by the order passed by the Sub-Divisional Office, Bhusawal, the petitioners preferred appeal before respondent No.2 Scrutiny Committee, challenging the order passed by the Sub Divisional Officer, Bhusawal. Thereafter, the petitioners received notice from respondent No.2 calling to submit their documents and evidence, if any. Pursuant to the said notice, petitioner No.1 on 21-09-2002 filed additional say, information and documents. The petitioner No.1 in support of his tribe claim, submitted the following documents before the Committee.

(1) Xerox copy of the school leaving certificate of appellant namely Pandurang Rupchand Mahale issued by the Head Master, Marathi Mulanchi Shala, Nimbore Bk, Tq. Raver on 7-9-89 where in the caste is mentioned as Hindu Koli (Suryawanshi Koli). This document pertains to the period 1947.

(2) Xerox copy of 1st page of service book in respect of appellant wherein caste are' mentioned Hindu Suryawanshi Koli O.B.C., as per caste certificate dated 16-1-79 and Hindu (Tokare Koli) dated 15-2-80 and Hindu Koli.

(3) Xerox copy of the school leaving certificate of appellant issued by the Head Master, Marathi Mulanchi Shala No.1, Nimbore Bk., Tq. Raver on 30-07-2001 wherein the caste is mentioned as Hindu Koli. This document pertains to period 1947.

(4) Xerox copy of the caste certificate of appellant issued by Executive Magistrate, Raver on 1-2-80.

(5) Xerox copy of land record village Namuna No.6 in respect of appellants father Shri. Rupchand Bhikari Koli.

(6) Xerox copy of the school leaving certificate of Shri. Rupchand Bhikari Koli issued by the Head Master, Marathi Mulanchi Shala No.1 Nimbore, Tq. Raver on 29-6-77 where in c