The main legal point established is that decisions with financial implications require prior approval from the Finance Department, and premature petitions should be dismissed.

ORDER :

1. Since the common facts and question of law are involved in all these petitions, all are heard and being disposed of by this common judgment. Learned advocates for the parties have referred to the pleadings of Special Civil Application No.11420 of 2022 and, therefore, it is treated as main matter and the facts have been taken from the same.

2. The petitioners have preferred the respective petitions under article 226 of the Constitution of India for the following reliefs:-

“(A) This Hon’ble Court be pleased to issue a writ of mandamus or a writ, order or direction in nature of mandamus and be pleased to quash and set aside the impugned communication dated 23.05.2022 issued by respondent no.2;

(B) Pending admission and final hearing of the present petition, the Hon’ble Court be pleased to stay the operation, implementation and execution of the impugned communication dated 23.05.2022 issued by Respondent no.2;

(C) This Hon’ble Court be pleased to grant any other and further orders as may be deemed fit in the interest of justice.”

2.1 All the prayers are identical in these petitions and the only difference is the date of impugned order in Special Civil Application No.11418 of 2022, which is 3.6.2022.

3. Heard Learned advocate Mr.Mitul Shelat for the petitioners and learned Government Pleader, Ms.Manisha Shah for the respondent-State at length. Perused the material placed on record and the decisions cited at bar.

4. The brief facts giving rise to the present petition are as under:-

4.1 The petitioner is a Self Financed Industrial Training Institute established and managed by Shree Raj Shyamaji Seva Trust. That to implement the policy of the State Government of establishing industrial training institutes in rural and tribal areas, the petitioner institute was established by the Trust. Initially, temporary permission was granted to the petitioner institute in terms of letter dated 5th August 2015 and 29th October 2016. It was granted permanent affiliation by the Director General of Training, Ministry of Skill Development and Entrepreneurship, Government of India vide letter dated 25th September 2016.

4.2 That the petitioner institute is imparting various industrial training courses and is creating employment opportunities for rural and tribal students in Kalol taluka. It is contended that in order to provide greater access to the students, the petitioner decided to apply for recurring grant from the State Government. It is contended that the Government of Gujarat has introduced a policy of providing recurring grant for 94 ITI institutes comprising of establishment of 282 teachers.

4.3 According to the petitioner, since only limited institutes applied in reference to the said policy and some of the institutes which were granted benefits of recurring grants were closed down, the State Government was granting recurring grants to self finance institutes on case to case basis. That the petitioner by letter dated 30th May 2021 submitted an application for being considered for the benefit of recurring grant to Additional Chief Secretary, Labour and Employment Department. It is contended that the petitioner undertook that in the event it is paid the recurring grant, it would not charge fees. Pursuant to the said application of the petitioner respondent no.1 by letter dated 11th June 2021 instructed respondent no.2 to take steps in respect of said application of the petitioner.

4.4 That pursuant to the said letter of respondent no.1, Deputy Director, Employment and Training Department, Gandhinagar, by letter dated 20th June 2021 instructed respondent no.3 to conduct inspection and asked to check information and documents of the petitioner institute. The Regional Deputy Director, Vadodara, was instructed to submit his report to Employment and Training Department, Gandhinagar. Pursuant to that instruction respondent no.3 conducted inspection on 1st July 2021 and verified all the documents submitted by the petitioner institute and ultima