hcs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITON NO.7249 OF 2009 Asian Academy of Education and Research .. Petitioner. Vs. The State of Maharashtra & Ors. .. Respondent. Mr.R.S.Apte, Senior Advocate i/b Mr.Anurag Jain for the petitioner. Mr.A.B.Vagyani for respondent no.1. Mr.Girish Kulkarni for respondent nos.2 and 3. CORAM : F.I. REBELLO & D.B. BHOSALE, JJ. DATED : NOVEMBER 04, 2009 P.C. Rule. By consent heard forthwith. It is not necessary to set out the facts in detail. The petitioner herein have applied for post graduate course in computer science. Earlier the application for starting course was approved both by the University and by the State Government. The Local Inquiry Committee (LIC) was appointment which submitted the report. In the report the permission was granted to start B.Sc. (Computer Science) course from the academic year 2009-10 subject to the condition set out. Insofar as M.Sc (Computer Science) is concerned, it was not recommended as according to the committee they have no any previous experience to run the degree course. It is also mentioned that the committee came to this conclusion after discussing different academic issues and that the institution may start Post-Graduate course after successfully running the under graduate course. Based on the same the university by communication of 22.11.2008 refused to grant affiliation for the post graduate course of computer science. That is the subject matter of the present challenge. The petitioner aggrieved, preferred a review before the Chancellor of the University. The decision was not interfered with. The petitioner has then approached this court challenging the decisions of the Chancellor and of the University. For the view to be taken we do not propose to give extensive reasons. The comments of the Law Officer of the university have been placed before us. Therein it is clearly set out that under Statute/Ordinance/Rule/Regulation the requirement of having previous experience is not specifically supported. It is, however, submitted that it is a relevant aspect in the context of the academic domain to be considered by the expert Committee. It is further submitted that various documents have been filed by the petitioners which prima facie according to the respondents are fabricated documents. We do not propose to give any finding on that issue as the aspect was earlier not raised by the university while rejecting the application. It is open to be considered by the university after giving an opportunity to the petitioners. Whether infrastructure is in place to start the computer course will have to be considered by the LIC before granting recommendations. We may only mention that Statute/Ordinance/Rule/Regulation do not provide for rejection of application on the ground of previous no experience. The application therefore cannot be rejected solely on that ground. It may be a relevant aspect to be considered amongst others but not the sole consideration. In the light of the above considering that the sole ground for rejection of the application was no experience which was made with reference to some academics, which really cannot be understood, we set aside the impugned orders and direct the university to consider the petitioners’ application afresh according to law at the earliest. Considering that LIC has been appointed the respondent- university to take decision to the extent of M.Sc.(Computer Science) within one month of the report of the committee. This would be for the academic year 2010-2011. The university to call for the report of the committee within one month. Rule made absolute accordingly. No order as to costs. (D.B. BHOSALE,J.) (F.I. REBELLO,J.)