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TMI Blog2001 (10) TMI 1190X X X X Extracts X X X X X X X X Extracts X X X X ..... ision of shifting the headquarters to Hubli was bad in law.1 3. The High Court came to the conclusion that this decision was vitiated on account of legal mala fides as the appellants herein had decided to shift the zonal office from Bangalore to Hubli without any changed or compelling circumstances and without taking into account all relevant and material facts. 4. It is contended by the learned Solicitor-General that where the headquarters of a zonal Railway should be is only a question of policy and it is no business of the court to interfere with a policy decision. He drew out attention to the fact that it is the Ministry of Railways which had initially decided with the approval of the Union Cabinet that the headquarters be set up at B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erfere in questions of policy decision is clearly brought out by the following passage from a decision of this Court in Delhi Science Forum v. Union of India 1996 2 SCC 405 when at p. 413, it was observed as follows: (SCC p. 413, para 7) "7. What has been said in respect of legislations is applicable even in respect of policies which have been adopted by Parliament. They cannot be tested in court of law. The courts cannot express their opinion as to whether at a particular juncture or under a particular situation prevailing in the country any such national policy should have been adopted or not. There may be views and views, opinions and opinions which may be shared and believed by citizens of the country including the representatives of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no circumstances have been issued. If a case had been made out, and in this case no such case had been made out, that a decision to locate at Hubli was not in accordance with law, then the only direction which could have been issued by the court was to consider as to where the headquarters should be located. It is not the function of the court to decide the location or the situs of the headquarters, it is the function of the Government. On this ground also, the decision of the High Court is incorrect.
7. For the aforesaid reasons, these appeals are allowed and the impugned judgment of the High Court is set aside, the result of which would be that the writ petition filed by the respondents would stand dismissed. X X X X Extracts X X X X X X X X Extracts X X X X
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