1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3402 OF 2011 (Tarabai Shikshan Sanstha vs. State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI & P.D. KODE, JJ. JULY 20, 2011. Heard Shri Shende, learned counsel for the petitioner and Shri Jichkar, learned AGP for the respondents. It is apparent that on 10.01.2011, Writ Petition No. 6122 of 2010 was allowed to be withdrawn at the request of the petitioner and he was given an opportunity to make fresh application to the authorities as he had / has the recommendation of Education Officer in his favour. Accordingly, the petitioner made that application and by impugned communication dated 08.04.2011, the petitioner has been advised to apply as and when invitation for that purpose is published. Relying upon the provisions of Secondary School Code, Shri Shende, learned counsel contends that as the petitioner is “desirous management” as per Section 2.1, the application ought to have been entertained. The learned AGP points out that the 2 impugned communication informs the petitioner that State Government till date has not initiated the process and as and when that process will be undertaken, claim of the petitioner will be considered. It is obvious that merely because the petitioner applies to State Government, it need not consider that application. The petitioner has been informed that whenever State Government decides to call for offers for opening of new Colleges, the petitioner can apply. It is, therefore, obvious that the application and liberty given to present petitioner vide order dated 10.01.2011 can be exercised as and when State Government initiates the process in that respect. We, therefore, find present challenge misconceived. Writ Petition is rejected. No costs. JUDGE JUDGE *GS.