I. M. QUDDUSI, J. ( 1 ) THE petitioner, a voluntary organization, has filed the instant writ petition in the form of Public Interest litigation inter alia alleging that the Government of India in the Ministry of Human resources Development had taken a policy decision deciding to establish highly technical institutions at Bhubaneswar, Pune, allahabad and Chennai in the pattern of 'indian Institute of Science at Bangalore' for the purpose of promotion of the High Skilled scientific Education and Research. The said decision was communicated to the Government of O. rissa by the University Grants commission in which it was mentioned that it was decided that the entire cost and expenses for establishment of the said highly technical education and research centre would be met by the Government of India and the Institution would mainly meet the demands and necessity of the Eastern region. The State of Orissa also shall earmark a patch of land near Vani Vihar at Bhubaneswar for that purpose. It is also alleged that according to the Government decision, a sum of Rs. 25 crores would be provided during the Xth Plan and during next five year plan Rs. 50 crores shall be spent and subsequently a sum of Rs. 100 crores shall be spent. But from the daily Samaj news paper dated 17-8-2005 it has come to the knowledge of the petitioner that the Government have taken a decision to shift the establishment of the said proposed Indian Institute of Science from Bhubaneswar to Kolkata which is allegedly arbitrary, malicious, discriminatory and politically motivated. It is also averred in the writ petition that the State of Orissa is under constant neglect and victim of discrimination from Center owing to lack of strong leadership as a result of which in spite of it's natural resources in abundance and sufficient expertise man power, the State has been placed at the lowest position among the indian States so far its economic growth is concerned. Due to such reasons the State is not able to receive it's genuine claims for establishment of special projects. It is also averred in the writ petition that another such Institute i. e. Indian institute of Mass Communication established and functioning the more than a decade now at Dhenkanal and the proposed establishment of 'all India Institute of Medical Sciences' are under constant central manipulation and threat of shift to out of the state. It is also averred in the writ petition that another such Institute i. e. Indian institute of Mass Communication established and functioning the more than a decade now at Dhenkanal and the proposed establishment of 'all India Institute of Medical Sciences' are under constant central manipulation and threat of shift to out of the state. However, prayer has been made for a direction to the Opp. Party No. 1 to complete the project of establishment of Indian institute of Science' in it's originally decided location at Bhubaneswar within a stipulated time. ( 2 ) WE have heard the learned counsel for the parties and perused the record, which has been produced by Sri J. K. Mishra, learned Assistant Solicitor General. In the counter-affidavit filed on behalf of the Union of India, it has been denied that there was any decision of the Central Government to set up Indian Institute of Science Education and Research (IISER) at Bhubaneswar either before or on the date of filing of the writ petition. Hence the question of shifting that institution from Bhubaneswar to kolkata does not arise at all. In fact it was the University Grants Commission, which had proposed in 2002 to establish Advanced centres for Science and Technology Education as autonomous institutions. The said proposal was examined by the Government of India in the Ministry of Human Resources development and an opinion was sought from the Ministry of Law and Justice which opined that UGC does not have any power to set up such institution under Section 12 (ccc) of the University Grants Commission act. It is further averred in the counter-affidavit that in view of the felt need to create centres of Excellence in Science Education, the Scientific Advisory Council to the Prime minister (SAC-PM) headed by Prof. Shri c. N. R. Rao and other members comprising of eminent educationists and scientists in its meeting held on 4-3-2005 at New Delhi recommended creation of two new institutions devoted to Science education and Research to be named as "indian Institute of science Education and Research" (IISER ). The central Government has decided to locate the IISER at Pune and Kolkata. The IISER's will be National Institutes as distinct from regional Institutes so that there is no issue of regional representation and they are proposed to be funded under the Central scheme. The central Government has decided to locate the IISER at Pune and Kolkata. The IISER's will be National Institutes as distinct from regional Institutes so that there is no issue of regional representation and they are proposed to be funded under the Central scheme. The basic idea for setting of such iiser is to create research Universities of the highest calibre at national level in which teaching and education will be totally integrated with the 'state-of-the-art' research. These Institutes will be devoted to undergraduate and post-graduate teaching in sciences in an intellectually vibrant atmosphere of research. One of the important objectives of creating those institutes is to make education and careers in basic sciences more attractive by providing opportunities in integrative teaching and learning of sciences and break the barriers of traditional disciplines. ( 3 ) IN paragraph 3 of the counter-affidavit it was however submitted that in the government of India any proposal/scheme/ project involving huge financial/budgetary involvement has to be routed through as per the laid down procedure such as obtaining approval of the Planning Commission, approval of the Expenditure Finance committee and a final approval finally by the Cabinet. Then only the decision of the government of India will be treated to be finalized and accordingly suitable orders are issued by administrative ministries. The matter regarding establishment of IISER at Pune and kolkata was processed in accordance with the procedure mentioned therein above. It is also submitted that no policy decision was finalized for setting up of IISER at Kolkata as on the date of the filing of the instant writ petition and therefore all the averments, allegations and contentions in the writ petitions are totally immature, imaginary and illusive. ( 4 ) IT is further submitted that the allegation of the petitioner that the decision of shifting of the Institute from Bhubaneswar to Kolkata was a politically motivated decision is totally wrong and vehemently denied for the reason that there was no decision by the Central Government at any time to set up a science institute at Bhubaneswar and therefore, the question of shifting of the science institute from Bhubaneswar to Kolkata does not arise. ( 5 ) IN paragraph 5, it is submitted that the decision to set up the IISER at Pune, and kolkata was taken by the Government, based on the recommendations of scientists, eminent experts and educationists. ( 5 ) IN paragraph 5, it is submitted that the decision to set up the IISER at Pune, and kolkata was taken by the Government, based on the recommendations of scientists, eminent experts and educationists. In the light of the above categorical submissions, the averments of the writ petition are wholly misconceived, wrong and denied and, therefore, the writ petition is liable to be dismissed with costs. ( 6 ) A counter-affidavit has also been filed on behalf of the Government of Orissa in the Department of Higher Education in which paragraphs 9 and 13 are liable to be perused, as relevant, which are reproduced as under : "paragraph 9 : It is humbly submitted that provision of funds to UGC is always made through the Central Budget passed by Parliament, UGC had also requested the State government to provide 50 acres of land for establishment of the NISc. The State Government promptly took action and identified 75 acres of land in village Gothapatna under Bhubaneswar Tahasil in the proximity of Bhubaneswar Municipal Corporation and the same fact was intimated to the UGC vide Higher Education Department letter No. 67134 dated 8-12-2003, a copy of the same is enclosed as Annexure-B/2. Subsequently the U. G. C. sent copy of Project Report of NISc to Vice-Chancellor of Utkal University vide their letter dated 23-2-2004, the copy of which is annexed herewith as Annexure-C/2. The State Government has been waiting since then for starting of the institute by Government of India. When the matter was delayed, Hon'ble Chief Minister drew the attention of Hon'ble Prime Minister and urged him to sanction establishment of National Institute of Science at Bhubaneswar at the earliest vide his D. O. letter No. 1/05-421/cm dated 23-8-2005, a copy of the said letter is annexed herewith as Annexure-D/ 2. The Hon'ble Prime Minister acknowledged the letter vide his D. O. dated 27-8-2005, and the copy of which is annexed herewith as annexure-F/2. The State Government has been waiting for the action by Government of India for starting the Institute. Paragraph 13 : That it is humbly submitted that one thing is very clear from the counter-affidavit filed by the O. P. No. 1 that government of India wants to create centers of excellence in Science and Education during the current financial year. In the said counter filed by Op. Paragraph 13 : That it is humbly submitted that one thing is very clear from the counter-affidavit filed by the O. P. No. 1 that government of India wants to create centers of excellence in Science and Education during the current financial year. In the said counter filed by Op. No. 1, nothing has been mentioned as to why Bhubaneswar should hot be considered for setting up of the NISc. In the absence of specific mention of the grounds regarding rejection of earlier proposal for setting up NISc at Bhubaneswar, the logical conclusion is that earlier decision still stands and gets priority over any decision for establishment of two institutes i. e. at Kolkata and Pune taken at a later date. " ( 7 ) THE establishment of an Educational institution either in the form of excellence in Education like Indian Institute of Technology, indian Institute of Management, Indian Institute of Information Technology and central Universities in different States is the matter of expert bodies domain of the Union of India and there is no scope of judicial review over the same. ( 8 ) THE Apex Court in the case of Asif hammed v. State of Jammu and Kashmir, reported in AIR 1989 SC 1899 considering the scope of Judicial review held that while exercising the power of judicial review of administrative action, the Court is not an appellate authority. The Constitution does not permit the Court to direct or advise the executive in matters of policy or to sermonize qua any matter, which under the Constitution lies within the sphere of legislature or executive, provided these authorities do not transgress their constitutional limits or statutory power. In Ekta Shakti Foundation v. Government of NCT of Delhi, AIR 2006 sc 2609 , the Apex Court taking note of its earlier decisions on the point held that the correctness of the reasons which prompted the Government in decision making, taking one course of action instead of another, is not a matter of concern in judicial review and the Court is not the appropriate forum for such investigation. The policy decision must be left to the Government at it alone can adopt which policy should be adopted after considering all the points from different angles. The policy decision must be left to the Government at it alone can adopt which policy should be adopted after considering all the points from different angles. In matter of policy decisions or exercise of discretion by the Government so long as the infringement of fundamental right is not shown, Courts will have no occasion to interfere and the Court will not and should not substitute its own judgment for the judgment of the executive in such matters. In assessing the propriety of a decision of the Government, the Court cannot interfere even if a second view is possible from that of the Government. We may state here that the University grants Commission has no power to establish an Institution without approval of the central Government. The intimation sent to establish four centres for studies in Integrated Science was the UGC's new initiative in collaboration with other scientific agencies. But the same was not approved by the central Government. Therefore, this Court cannot direct Union of India to establish an institution at a particular place. ( 9 ) HOWEVER an additional affidavit has been filed by Mr. Seema Raj, Director, Technical Section-1, ministry of Human Resource development, Government of India, New delhi stating that Hon'ble Prime Minister during his visit to the Institute of Physics, bhubaneswar, Orissa on 28-8-2006 had announced setting up of the National Institute of Science Education and Research (NISER) at Bhubaneswar. The same would be at par with the ISSERs being established in other places but will operate under the department of Atomic Energy. The said institution including NISER will undertake integrated 5 year Masters courses in core and emerging branches of Science to provide world class education to students after 10 + 2 stage. It may also include an integrated M. Sc. , Ph. D. after graduation level while working within the Department of atomic Energy family and awarding degrees under the Homi Bhabha National Institute (HBNI), which is already a Deemed university for post-graduate studies. NISER is proposed to be an institute of excellence at par with the best in the country in terms of facilities' and faculty etc. , Ph. D. after graduation level while working within the Department of atomic Energy family and awarding degrees under the Homi Bhabha National Institute (HBNI), which is already a Deemed university for post-graduate studies. NISER is proposed to be an institute of excellence at par with the best in the country in terms of facilities' and faculty etc. The Director, Homi bhabha National Institute vide letter dated 11-9-2006 informed the above facts to the director, Human Resources Development, government of India and the administrative department i. e. Department of Atomic Energy, Government of India vide letter dated 15-3-2007 informed that the follow up action for the implementation of announcement of Prime Minister regarding setting up of NISER at Bhubaneswar is already on hand to obtain requisite approval of Competent authorities viz. Atomic Energy Commission/ cabinet Committee on Economic Affairs (CCEA ). It was further informed that initially niser would start functioning within the campus of Institute of Physics (IOP), bhubaneswar by augmenting the existing infrastructure. Subsequently NISER will be shifted to an independent campus to be developed for the purpose. It is proposed to start the 1st batch of NISER in August, 2007. ( 10 ) IN view of the above statement made in the additional affidavit and the letters annexed with the same which show that initially NISER will start functioning within the campus of IOP, Bhubaneswar and it is intended to start the 1st batch of NISER in august, 2007, this writ petition is disposed of with a direction to the Opp. Party No. 1 to ensure that the NISER is established at bhubaneswar pursuant to the decision of the Government of India in Department of atomic Energy so that its 1st batch may start studies. Order accordingly. .