IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD Writ Petition No.43 Of 2007 With Civil Application No.4343 Of 2009 Pandya Nadya Gavit & Another .. Petitioners. Versus The State of Maharashtra & Others .. Respondents. ... Shri. A.P. Shah, Advocate, holding for Shri. P.S. Shendurnikar, for petitioners. Shri. Umakant K Patil, Assistant Government Pleader, for respondents Nos.1 and 2. Shri. S.T. Shelke, Advocate for the applicants in Civil Application No.4343 Of 2009. ... CORAM: NARESH H. PATIL & N.D. DESHPANDE, JJ. Dated : 6th MAY 2009 PER COURT: 1) Heard. 2) The learned counsel for the petitioners states that for the alleged reason of insufficient number of students in the hostel, there is no point in shifting the hostel from Nagzari to Raipur in Navapur Taluka of Nandurbar District. The counsel for the petitioners also disputes the distance between village Nagzari and village Raipur as described by the respondents. 3) The learned Assistant Government Pleader on the basis of the affidavit-in-reply and instructions submits that the Government hostel was established for the benefits of the tribal students. The Government after conducting a thorough enquiry reached conclusion that the shifting of the hostel at Raipur would be more feasible and the same would be in the benefit of the students. 4) Shri. S.T. Shelke, learned counsel appearing for the intervenors supports the contentions raised by the learned Assistant Government Pleader. 5) We have perused the material placed on record and the reply filed by the respondents. We find that the hostel was started at Waghalapada. The past 5 years’ experience was considered and the Government reached an opinion after conducting enquiry that running of the hostel having intake capacity of 75 students was not feasible at village Waghalapada. Therefore, the Government decided to shift the hostel at Raipur. 6) From the material placed on record it transpires that the hostel was established at Waghalapada, Taluka Navapur which is 4 kms away from both villages – Nagzari and Nawapur, according to the learned A.G.P. The Government has taken a policy decision. We do not find any arbitrariness or mala fides in the decision making process. Some inconvenience at some point of place would be caused if the hostel is shifted. But the Government has taken the decision of shifting of the hostel in the interest of the tribal students. We are therefore not inclined to disturb the decision taken by the Government. 7) In the facts of the case we find it appropriate to observe that the hostel should be shifted to Raipur subject to condition that all the students at present residing in the hostel at Waghalpada shall be first accommodated in the hostel at Raipur and thereafter other students should be accommodated. This should be strictly followed by the State Government by issuing necessary instructions to the concerned responsible officers. It is made clear that no fresh consent or application shall be obtained from the students who are presently residing in the hostel at Waghalpada. 8) With these observations and directions the writ petition is dispose of. Civil Application stands disposed of. (N.D. DESHPANDE, J.) (NARESH H. PATIL, J.) rsl/wp.43.07