JUDGMENT :

Bhargav D. Karia, J.

1. Heard learned Advocate Mr. Dipak Joshi for the petitioner and learned AGP Mr. Dhanwan Jayswal for Respondent Nos. 1 and 2.

2. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for the following reliefs:

"13.

[A] Your Lordship may be pleased to issue Writ of Mandamus or a Writ in the nature of Mandamus or any other appropriate Writ, Order or direction quashing and setting aside the impugned Order/communication dated 18/20.03.2020 (Annexure "A" hereto) issued by Respondent No. 2 and further be pleased to direct Respondent No. 2 to reconsider the case of the Petitioner and Further be pleased to direct Respondent No. 2 to consider the eligibility of the Petitioners to grant the benefit under G.R. dated 13.11.2019 for the Academic Year 2019-20.

[B] Pending admission, hearing and final disposal of the present Petition, Your Lordship be pleased to stay the operation, implementation and execution of the impugned Order/communication dated 18/20.03.2020 (Annexure "A" hereto) issued by Respondent No. 2 and further be pleased to direct Respondent No. 2 to consider the eligibility of the Petitioners to grant the benefit under G.R. dated 13.11.2019 for the Academic Year 2019-20.

[C] An ex-parte ad-interim relief in terms of Prayer (B) above may kindly be granted;

[D] ..."

3. The brief facts of the case are that Petitioner No. 1 is a public charitable trust and it is engaged in imparting education and is running an unaided (Non-grantable) Secondary School namely Shri. N.B. Patel Prerna Mandir Madhyamik Shala, District: Patan, having a valid recognition issued by the Gujarat Secondary and Higher Secondary Education Board.

4. In the year 2016, Deputy Secretary of State issued Government Resolution dated 15th March, 2016 for providing financial assistance and incentives to those secondary schools which are non-grantable and non-government schools so as to lift the standard of education and to improve the quality of education amongst the teaching staff and to provide financial assistance to such non-grantable secondary schools. According to the said GR, the minimum requisite eligibility and other qualifications to avail such incentives are enumerated therein.

5. Thereafter on 6th June, 2016 an addendum was issued to the said GR. The petitioners submitted their application for availing the benefit of the aforesaid GR for the Academic Year 2015-2016 which was granted for Standard-IX for 76 students.

6. Subsequently for the Academic Year 2016-2017 also the financial assistance was received by the petitioners for Standard-IX for 94 students and for Standard-X for 59 students. For the Academic Year 2017-2018 the petitioners got financial assistance for Standard-IX for 90 students and for the Academic Year 2018-2019 for Standard-IX for 75 students and for Standard-X for 77 students under the aforesaid GR.

7. Thereafter government issue another GR dated 13th November, 2019 amending the earlier resolution dated 15th March, 2016 specifying that the benefits which were announced shall be applicable to the non-granted schools imparting education of Standard-IX and Standard-X from the Academic Year 2019-2020.

8. The petitioner made an online application on 24th December, 2019 pursuant to the GR dated 13th November, 2019 before the Commissioner of Schools along with the required annexures and details. The petitioner also submitted structural stability and safety of existing structure certificate i.e. Structural Soundness Certificate issued by Mr. Ashwin Gandhi Chartered Engineer as well as another Building Use permission certificate dated 12th December, 2019 issued by the very same engineer.

9. The petitioners received a query from the Respondents as to whether the BU permission of the existing school building/structural stability certificate issued by the structural engineer which was replied by the petitioners in affirmation.

10. However in spite of the above facts Respondent No. 2 i.e. t