K. Sreedhar Rao; CJ (ACTG.) 1. The Central Government floated a scheme whereunder they identified 374 districts as educationally backward. As a remedial measure under the scheme, the Central Government proposed to establish a Model Degree Colleges to usher the educational needs for the public in the backward districts. The MHRD with the assistance of UGC has identified the backward districts. The scheme conceives the Central Government and State Government funding in equal measures. The State has to bear 50% of, the establishment and maintenance cost of the colleges. In the case, in question, Dibang Valley district, situated in the State of Arunachal Pradesh, is identified as backward district with lower Gross Enrollment ratio (GER) than the national GER, which is at 12.4%. The scheme came into existence in the year 2001. It appears that Dibang Valley district was bifurcated into Lower Dibang Valley and Dibang Valley. The Minister seems to have recommended the establishment of the model college in the Lower Dibang Valley district. The petitioner, being a public spirited person has, now, challenged the decision of establishment of Model College at Lower Dibang Valley as mala fide and actuated on extraneous political consideration. 2. Mr. D. Das, learned senior counsel for the petitioner submitted that a comparative analysis discloses that the GER of Dibang Valley is 5, whereas the GER of Lower Dibang Valley is 12. The earliest proposal was for establishment of college at Dibang Valley. The provisions of sections 25 and 26 of the Arunachal Pradesh Colleges and other Institutions of Higher Education (Establishment and Regulations) Act, 2010 ('the Act of 2010'), contemplate that for establishment of any college, a Committee has to be established and on the recommendation of the Committee, proposed colleges have to be established. In the instant case, the shifting of Modal College from Dibang Valley to Lower Dibang Valley is not preceded by any recommendation of any Committee, as required by the Act of 2010. 3. The counsel further relied upon the decision of the High Court of Bombay (Aurangabad Bench), in the case of Swami Ramanand Shikshan Prasarak Mandal, Shahagad, Tq. Ambad v. The State of Maharashtra, through its Secretary, Higher & Technical Education Department, Mantralaya, Mumbai 32, in WP(C) No. 7037 of 2011. 3. The counsel further relied upon the decision of the High Court of Bombay (Aurangabad Bench), in the case of Swami Ramanand Shikshan Prasarak Mandal, Shahagad, Tq. Ambad v. The State of Maharashtra, through its Secretary, Higher & Technical Education Department, Mantralaya, Mumbai 32, in WP(C) No. 7037 of 2011. It is argued that in the cited case, Jalna district was identified as a backward district under the Central Scheme, whereas on the recommendation of the Minister, the Modal School was sought to be established at Ghansavangi. The High Court found that such shifting is illegal and contrary to law. In the present case, it is strenuously argued that the authority has flouted the norms and arbitrarily proposed to shift the college from Dibang Valley to Lower Dibang Valley, which is illegal. 4. per contra, Mr. S.C. Keyal, learned Assistant Solicitor General for the Union of India, under a memo, has submitted a communication of the Government of India wherein it is stated, "Newly created districts carved out of erstwhile educationally Backward Districts are also considered as educationally backward". In that view of the matter, it is submitted that Lower Dibang Valley is also treated as an educationally backward district. It is submitted that there is no violation of the guidelines. The establishment of college at Lower Dibang Valley is fully in accordance with the recommendation of the UGC and the decision of the. Union Government, cannot be faulted as mala fide merely because the Minister has recommended establishment of college at Lower Dibang Valley. 5. Dibang Student Union has filed an application for intervening in the matter and seeks permission to get impleaded. Mr. P.K. Tiwari, learned Senior counsel for the impleaded applicants submitted that the GER of Lower Dibang Valley is also below the national GER. In Lower Dibang Valley, there are 9 higher secondary schools, whereas in Dibang Valley, there are only 2 higher secondary schools. Therefore, the feeder schools are more in number in Lower Dibang Valley. The establishment of college at Lower Dibang Valley would be more appropriate and feasible for the students of Lower Dibang Valley, who are numerically much more than the ones in Dibang Valley. It is argued that the decision cannot be faulted as mala fide, the Central Government has taken the decision in consonance with the norms relating to establishment of Model Degree College. 6. Mrs. It is argued that the decision cannot be faulted as mala fide, the Central Government has taken the decision in consonance with the norms relating to establishment of Model Degree College. 6. Mrs. R. Borah, Junior Government Advocate, Arunachal Pradesh, supported the proposal for establishment of college at Lower Dibang Valley and submitted that there is absolutely no mala fide on the part of the Government in taking decision for establishing of the college. It is contended that the provisions of the Act of 2010 becomes applicable only when the Government of Arunachal Pradesh establishes the college. The present college is being established by the Central Government under a scheme and the district is identified as educationally backward district by-UGC. The bifurcated district of Lower Dibang Valley is also an educationally backward district. There is no impropriety or illegality in establishing the Model College at Lower Dibang Valley. 7. Upon thorough consideration of the facts and the materials, we find that there appears to be no merit in the petition. The GER of Lower Dibang Valley compared to Dibang Valley may be of higher scale, but nevertheless it is lesser than the national average. The feeder schools are more in number in Lower Dibang Valley. The Lower Dibang Valley, which is a newly created district, is also considered as educationally backward district. 8. The decision of the High Court of Bombay cited at the Bar does not have any application in the facts of the present case. In the cited case, the college was proposed to be established at Jalna district, which is .educationally backward, but on the recommendation of the Minister, it was sought to be shifted to Ghansavangi district, which is not categorized as a backward district according to the guidelines of the scheme, therefore, under such circumstances, it was found that the shifting was in violation of the norms of the scheme, but in the instant case, there appears to be no flouting of the norms of the scheme. The decision to establish college at Lower Dibang Valley cannot be considered as mala fide merely because the Minister has recommended for such establishment. The Ministers, who are custodian and guardian of public interest, will have all that propriety and right to espouse the cause of general public and in public interest. The decision to establish college at Lower Dibang Valley cannot be considered as mala fide merely because the Minister has recommended for such establishment. The Ministers, who are custodian and guardian of public interest, will have all that propriety and right to espouse the cause of general public and in public interest. In the instant case, the intervention does not suggest any mala fide and accordingly we find no merit in this writ petition. The miscellaneous case is allowed and the writ petition is accordingly dismissed. 9. The interim order is dissolved.