: 1 : wp-3707-11=.doc USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3707 OF 2011 Swami Vivekanand Shikshan Prasarak Mandal .. Petitioner v/s. The State of Maharashtra & Anr. .. Respondents ......... Mr. Niranjan Mogre i/b S.M. Gorwadkar for the petitioner Mr. C.R. Sonawane, AGP for respondent no.1 Mr. Vijay Chandekar, Section Officer, Higher & Technical Education Deptt. Mantralaya, Mumbai present. ......... CORAM : A.M. KHANWILKAR & R.Y.GANOO, JJ. DATE : 27th JULY, 2011. P.C. : 1. Heard counsel for the parties. Rule. Rule made returnable forthwith. By consent, taken up for final hearing. 2. The grievance of the petitioner is that the decision taken by the Government dated 15th July, 2010 suffers from non application of mind. The petitioner wanted starting new collage at Pune for B.Sc. (Biotech), B.Sc. (Computer Science), B.Sc. and MCM courses from the academic year 2011-2012. Instead, the Government considered the application as if the petitioner had applied for additional courses to be started in the existing college at Udgir. Be that as it may, learned AGP on : 2 : wp-3707-11=.doc instructions, in all fairness accepts that the mistake is palpable and on instructions he submits that respondent no.1 will decide the application of the petitioner dated 30th October 2009, a fresh in accordance with law. 3. The respondent no.1 through learned AGP undertakes to decide the said application within TWO weeks from today, subject to petitioner complying with necessary formalities. The representative of the petitioner shall appear in the office of the respondent no.1 tomorrow at around 11.00 a.m. when the respondent no.1 would be free to consider the application dated 30th October, 2009 on its own merits and pass appropriate orders as may be advised, which orders, however, will have to be served on the petitioner not later than two weeks from today. We are directing the respondent no.1 to decide the matter and also serve the order in time bound manner because if the permission was to be granted, the petitioner would be free to start the concerned courses forthwith for this academic year, which has already been commenced. 4. Petition allowed on the above terms. (R.Y.GANOO, J.) (A.M. KHANWILKAR, J.) : 3 : wp-3707-11=.doc