JUDGMENT : J.B. Pardiwala, J. As common questions of facts and law are involved in the above captioned batch of writ petitions, all petitions are taken up for hearing together and they are being disposed by this common Judgment. 2. All the above referred matters relate to sanctioning of post of teaching and non-teaching employees of Ayurved and Homeopathy Colleges. The Central Council of Indian Medicine have laid down norms, which have now been changed, and as per the present policy, teaching and non-teaching staff have been increased. The grievance redressed in each of these petitions is that the Government is not sanctioning posts in grant-in-aid Ayurved and Homeopathy Colleges run in the State of Gujarat, as per the norms prescribed by the Central Council of Indian Medicine, New Delhi, thereby depriving the institutions of allotment of students and continuation of recognition granted by Central Council of Indian Medicine. 3. So far as grant-in-aid Ayurved Colleges are concerned, there are only three colleges in the State of Gujarat. (1) O.H. Nazear Ayurved College, Surat, (2) Shree Balahanuman Ayurved College, Lodra, and (3) Arya Kanya Shudh Mahavidyalay, Vadodara. All the three colleges were established prior to 1981. In 1981, as per the case of the Petitioners, the Government decided to extend the grant-in-aid facilities by covering the staff under direct payment of salary scheme, which includes teaching, non-teaching and hospital staff attached to the colleges. The State Government issued a resolution while extending the grant-in-aid facilities to all the three Ayurved Colleges and also laid down certain conditions. The Government framed a detailed grant-in-aid rules known as Grant-in-aid Rules, 1988. While extending the grant-in-aid facilities, the Government had also accepted the set up existing in the year 1981 in the respective colleges i.e. who have working on the date of issuance of the resolution in the colleges and hospitals, were treated as staff within the set up of the colleges and grant was extended to the colleges. The resolution issued by the State Government so far as Ayurved Colleges and Hospitals are concerned reads as under: Non-Govt. Ayurved Colleges & Hospitals Attached to them Sanction of Grant-in-Aid Government of Gujarat Health & Family Welfare Department, Resolution No. GHB-1081-4289-CHH Sachivalaya, Gandhinagar. Dated the 17th November, 1981. The resolution issued by the State Government so far as Ayurved Colleges and Hospitals are concerned reads as under: Non-Govt. Ayurved Colleges & Hospitals Attached to them Sanction of Grant-in-Aid Government of Gujarat Health & Family Welfare Department, Resolution No. GHB-1081-4289-CHH Sachivalaya, Gandhinagar. Dated the 17th November, 1981. Government has prescribed the rules for regulation of grant-in-aid to Ayurvedic Research and Teaching Institutions and Ayurvedic Hospitals and Dispensaries under G.R., P and H.D. No. ATI-3758-1129-DH, dated 8/4/1965. Thereafter, there have been revisions in the rules of grant-in-aid to be paid to Non-Govt. Ayurved Colleges, and lastly it has been revised under G.R., H&F.W.D. No. GIA-1078-4566(79)-CHH, dated 04/10/1979. Following the Government decision that the employees working in these colleges should be made direct payment of salary by the Health Department through the Director of Ayurved. It has become necessary to revise the rate of grant-in-aid to be paid to these colleges and hospitals attached to them. Accordingly, Government has decided that these colleges may be paid grant-in-aid at the rate of 100% on pay packet of sanctioned posts and at the rate of 50% of admissible items of expenditure or deficit whichever is less. This order will take effect from 1st December, 1981. This issues with the concurrence of Finance Deptt. vide its note dtd. 1/11/1981 on this Deptt. file of even number. By order and in the name of the Governor of Gujarat. 4. In the same manner, the State Government decided to extend the grant-in-aid facilities to Homeopathy Colleges and issued a resolution dated 23.10.1986 in this regard. Resolution dated 23.09.1986, so far as non-government Homeopathy Colleges and Hospitals attached to them is concerned is as under: Government of Gujarat Health Family Welfare Department Resolution No. HMC.1084.5090.86-CHM Sachivalaya, Gandhinagar. Dated the 23rd Sept.,1986 Government has prescribed the rules for regulation of Grant-in-aid to non-Government Homeopathy Medical Colleges and Hospital attached to them; under Government Resolution No. GHB.1074.9681.76.CHH dated 24.12.1976. Following the decision of direct payment of the salary from Health department, through the Director, Indian System of Medicine and Homeopathy, to the employees working in three non government, Homeopathic Medical Colleges and Hospital attached to them. It has now became necessary to revise the rate of above grant-in-aid pattern. Following the decision of direct payment of the salary from Health department, through the Director, Indian System of Medicine and Homeopathy, to the employees working in three non government, Homeopathic Medical Colleges and Hospital attached to them. It has now became necessary to revise the rate of above grant-in-aid pattern. Accordingly, Government has decided that the non government Homeopathy Colleges and Hospitals attached there to in the State to be paid grant-in-aid at the rate of 100% on pay packet of sanctioned posts and at the rate of 50% of other admissible items of expenditure of deficit, whichever is loss. Consequent upon the introducing the above revised pattern of grant-in-aid and system of direct payment, the existing staff of the Institutions will be paid calories, which they were receiving prior to introduction of this scheme of direct payment. The institution will have to obtain prior approval of the Government, before increasing staff, revising their pay and allowance which they were receiving prior to this Government orders introducing the scheme of direct payment. If the institution will make increase in staff of revise the pay scale of total emoluments including allowances without the prior approval of the Government, the Government will not bear any responsibility in respect of extra expenditure involved due to such increase and it will have to be bear by the concerned institution. This order will take effect from 01.10.1986. Accordingly the scheme of Direct payment will be effective from 01.11.2006 for the payment of salaries for the month of October, 1986 to be paid on 01.11.1986. This issue with the concurrence of Financial Adviser and Finance Department vide their notes dated 17.07.1986 and 18.07.1986 respectively on this department's file or even number. By order and in the name of the Governor of Gujarat. 5. Bare reading of the two resolutions issued by the State Government is suggestive of the fact that the Government decided to extend the grant-in-aid facilities to the Ayurved and Homeopathy Colleges and accepted the set up existing in the year 1981 in the respective colleges, and accordingly, extend the grant-in-aid facilities to the colleges. Whoever were working on the date of issuance of the two resolutions in the colleges and hospitals were treated as staff within the set up of the college, and accordingly, grant was extended to the colleges. 6. Whoever were working on the date of issuance of the two resolutions in the colleges and hospitals were treated as staff within the set up of the college, and accordingly, grant was extended to the colleges. 6. We have heard learned advocates appearing for the Petitioners and learned AGP, Ms. Krina Calla, appearing for the Respondents. 7. Learned Counsel appearing for the Petitioners would submit that by an Act No. 48 of 1970, Parliament enacted the law namely The Indian Medicine Central Council Act, 1970 (for short 'the Act'). The said Act came into force on 23.12.1970, which inter alia provides the setting up of the Central Council and its Committees in the filed of Ayurved, Yoga, Naturopathy, Unani, Sidhha and Homeopathy system of medicine. By the said Act, restriction has been imposed on starting new Ayurved/Medical colleges and courses to the effect that no person is permitted to open the Ayurved/Homeopathy Medical Colleges in the respective discipline without permission of the Government. It is further submitted that in the year 2003, the Act came to be amended by the Parliament by the Indian Medicine Central Council (Amendment) Act, 2003, by which, Section 13C came to be inserted. Section 13C inter alia provides that, if any person has established a Ayurved/Medical College or has opened new Ayurved/Medical College or higher course of study or has increased the admission capacity on or before the said amending Act, would require to seek permission, within a period of three years from the commencement, of the Central Government as per Section 13A of the Act. 8. Counsel would further submit that in exercise of power conferred under the said Act, Central Council for Indian Medicine was set up and the said Council had, in the year 1989, framed norms to be followed by Ayurved/Homeopathy Colleges who intend to run the college and hospital attached to the said college. The said norms were amended from time to time. 9. Counsel would further submit that it is obligatory on the part of the Member colleges of the association to follow the norms prescribed by Central Council of Indian Medicine. The said norms were amended from time to time. 9. Counsel would further submit that it is obligatory on the part of the Member colleges of the association to follow the norms prescribed by Central Council of Indian Medicine. It is submitted that on one hand the Central Council has increased the number of the staff members while amending the norms and on the other hand, the State Government has refused the sanctioned posts to the colleges as per the prescription by Central Council of Indian Medicine. It is submitted that State Government has adhered to the set up which has been sanctioned in the year 1981 and on the other hand Central Council of Indian Medicine is insisting to the colleges to fill up the posts as per its norms and the result into effect is that the Ayurved/Homeopathy Colleges have not been allotted the students as per the directives of Central Council of Indian Medicine. 10. It is vehemently submitted that action of State of Gujarat in not sanctioning the posts as per the Rules and norms of Central Council of Indian Medicine, is arbitrary, illegal and unconstitutional and also violative of Articles 14 and 19(1)(G) of the Constitution of India. 11. Per contra, it has been submitted on behalf of the State Government that the Petitioners have no legal right to claim for sanction of the posts as per the set up prescribed by Central Council of Indian Medicine and the Government has no legal duty to sanction the posts of teaching, non-teaching and hospital staff in the Ayurved/Homeopathy Colleges. In this regard, two affidavits have been filed. One of the Director of Indian Medicine and Homeopathy and other by Dy. Secretary, Health and Family Welfare Department, Gandhinagar. In the affidavit filed by Director of Medicine and Homeopathy, it has been stated as under: 4. I state that All the Three Ayurved Colleges O.H. Nazar Ayurved College, Surat, Aryakanya Ayurved College, Baroda and Balahanuman Ayurved College, Lodra, Dist. Gandhinagar, were private colleges before 01.12.1981. By the request of these colleges Government has covered them as Grant-in-Aid colleges by the Resolution dtd. 17.11.1981. 5. I state that present Government Resolution contemplates the employees working in the Non Government Ayurved Colleges and Hospitals attached to them against sanctioned post shall be paid their salaries directly by the Health and Family Welfare Department through the Director of Ayurved. 6. 17.11.1981. 5. I state that present Government Resolution contemplates the employees working in the Non Government Ayurved Colleges and Hospitals attached to them against sanctioned post shall be paid their salaries directly by the Health and Family Welfare Department through the Director of Ayurved. 6. I state that Government has accepted the sanctioned posts of the above colleges as per GR dated 17.11.1981 with effect from 01.01.1982 and till today is giving grant of 100% salary and 60% of maintenance page No. 6 of the Government Resolution No. 01.11.1998. 7. I state that all these colleges are run by private trust and getting grant-in-aid facilities. 8. I state that no proposal has been received from above three G.I.A Ayurved Colleges for becoming self finance. 9. As per the Government Resolution No. HMC-102003-1398-CHH DTD. 27.05.2003 passed by Health & Family Welfare Dept. Gandhinagar has clarified that total fee prescribed by Government is 25000/- annually from which Rs.15000/- fee has to be deposited in Government account & the remaining Rs.10,000/- amount the grant in aid college can utilize it for employees' salary, to fulfill the set up as prescribed by C.C.H. Norms, New Delhi, A copy of the same is annexed hereto and marked as Annexure R-II to this reply. 10. I state that Principal Secretary called a meeting on 14.12.2007 in which all the Principals an Trustees of the Grant-in-aid Ayurvedic & Homeopathic colleges were called with respect to fulfill the norms of C.C.I.M & C.C.H., New Delhi wherein it has been decided in the serial No. 4(B) that all Grant-in-Aid colleges shall have to utilize the fees received from the students respectively fro the fulfillment of Norms prescribed by C.C.I.M such as to fill up the teaching posts as prescribed by C.C.I.M & C.C.H. New Delhi in addition to the posts covered under direct payment Scheme by the Government. The detail is as per below: Sr. No Name of College In take capacity of student Received Fee by College 1. O.H. Nazar Ayurved College, Surat 50 Per student Rs. 10,000 x 4.5years=45,000x50 students= 22,50,000 2. Balahanuman Ayurved College, Lodra 35 Per student Rs. 10,000 x4.5 years=45,000x35 students= 15,75,000 3. Arya Kanya Ayurved College, Baroda 30 Per student Rs. 10,000x4.5 years=45,000x30 students= 13,50,000 Above all, colleges are asked to furnish the details of exact amount received from students fee by above institutions. 12. 10,000 x 4.5years=45,000x50 students= 22,50,000 2. Balahanuman Ayurved College, Lodra 35 Per student Rs. 10,000 x4.5 years=45,000x35 students= 15,75,000 3. Arya Kanya Ayurved College, Baroda 30 Per student Rs. 10,000x4.5 years=45,000x30 students= 13,50,000 Above all, colleges are asked to furnish the details of exact amount received from students fee by above institutions. 12. On the other hand, as per the affidavit-in-reply filed by Dy. Secretary, Health and Welfare Department, it has been stated as under: "3. I state that Shri Ayurvedic Vikas Mandal was given permission as a grant-in-aid institute in the year 1981 and it was made clear that the direct payment will be given only to the sanctioned setup as per the Government Resolution dated 17.11.1981. I state that thereafter, on 27.05.2003 a Government Resolution was passed fixing the fee standards of grant-in-aid Ayurved/Homeopathy Colleges and Self-finance Ayurved and Homeopathy Colleges and as per that Government Resolution the fees was fixed per year Rs.25,000/- per student and as per the Government Resolution dated 24.09.2004 out of that Rs.25,000/- only Rs.15,000/- were required to be deposited to the State Government towards the expenditure incurred by the State Government and Rs.10,000/- had always remained with the institute. I state that as per the minutes of the meeting dated 24.12.2007 more particularly in para 4(b) specifically contend that all other standards prescribed by Central Council of Indian Medicine to be fulfilled from the amount of Rs.10,000/- which they receive from each student and the State Government implemented the resolution to all the institutes uniformly through the whole State of Gujarat. 4. I state that the State Government is not against or can never be against fulfilling the requirement made by Central Council of Indian Medicine and Central Council of Homeopathy but, however, the same is require to be complied by the institute from the funds which they are getting from every student by way of fees. 5. I state that in meeting dated 28.12.2007 it was resolved that all requirements are required to be fulfilled under the provisions made by Central Council of Indian Medicine and Central Council of Homeopathy which should be complied on or before 15.02.2008 and the same should be reported to the State Government. The said copy of minutes of meeting was circulated to all the concerned institutes. 6. The said copy of minutes of meeting was circulated to all the concerned institutes. 6. I state that as stated in affidavit filed by Respondent No. 4 dated 14.10.2010 wherein it was stated in para 9 and 10 of the affidavit that they will have substantial point to comply with the setup of additional staff and infrastructure as per the requirement made by Central Council of Indian Medicine and Central Council of Homeopathy. I state that in this regard as stated hereinabove the State Government has already decided in its meeting dated 28.12.2007 that all the things are required to be completed on or before 15.12.2008 and therefore, the institutes are at liberty to create the infrastructure and appoint the additional staff in accordance with the rules and regulations but for that the State Government is not required to pay as per the Government Resolution dated 17.11.1981 and 23.10.1986 and the institutes have to create this infrastructure from the fees they are getting from the students. 7. I state that as referred in the order dated 14.12.2010 that the pendency of this case shall not stand to create and sanction stand in the way of the Respondent-State to create and sanction additional aided Teaching & Non-teaching posts in favour of the respective Colleges, as per the guidelines issued by the Central Council of Indian Medicines and the Central Council of Homeopathy, New Delhi, I state that the State Government has no objection if the institutes create or fill up the posts in accordance with rules and regulations of Central Council of Indian Medicine and Central Council of Homeopathy from their own expenditure and as far as the representation made by the Petitioner association dated 18.05.2010 is concerned, I state that the same is under consideration of the State Government. 13. It appears that the Petitioners had also preferred representation dated 18.05.2010 which was under consideration by the State Government and the State Government ultimately, vide order dated 05.02.2011, decided their representation and rejected the claim of the Petitioners. This order has also been placed on record. While rejecting the representation preferred by the Petitioners, the Government, in its Health and Family Welfare Department, has observed as under: "Order: 1. This order has also been placed on record. While rejecting the representation preferred by the Petitioners, the Government, in its Health and Family Welfare Department, has observed as under: "Order: 1. The Hon'ble High Court vide order dated 14.12.2010 directed the Director of Indian Medicine and Homeopathy to take decision as to whether as per the new policy of the Central Council for Indian Medicines/Central Council of Homeopathy, it intends to sanction more number of teaching and non-teaching staff and to provide further aid to Grant in aid Ayurved and Homeopathy colleges and affiliated Hospitals. This department, vide resolution dated 17.11.1981 with regard to the grant in aid Ayurved Colleges and vide resolution dated 23.10.1986 with regard to the grant in homeopathy colleges, covered the employees who were working on sanctioned post under the scheme of Direct Salary and the Government is responsible only for those employees. It is made clear in the resolutions dated 28.08.2001 and 25.09.2001 with regard to the granting the permission of admissions in the Grant-in-aid Homeopathy colleges that due to increase in admission seats all grant-in-aid Homeopathy colleges have to bear the expenses from their own fund so far as expenses with regard to the sanctioned strength is concerned as per the norms of CCH. This conditional permission is very clear and considering the same at the time of acceptance of the Grant in aid colleges and affiliated hospitals government accepted the same with the original sanctioned set up and barring that government is not required to sanction any set up/strength, it is the duty of the concerned colleges to fulfill the norms. A per the petitions filed by the Grant in aid Ayurved and Homeopathy colleges viz. SCA No. 10319/10 and 10320/10 and other allied matters, if the state government has to bear the expenses for the sanctioned post/staff as per the norms of CCIM/CCH, then in that eventuality, there are chances that the government has to bear either directly or indirectly huge financial burden and for that reason it becomes necessary to discuss and to take decision by finance department as well as higher official of State Government. As per the prevailing policy of the State Government, the State Government has cut the un-development/nondevelopment costs and a ban is imposed to raise and fill up the government posts. As per the prevailing policy of the State Government, the State Government has cut the un-development/nondevelopment costs and a ban is imposed to raise and fill up the government posts. In this eventuality, the State Government cannot sanction the post and cannot take responsibility to act as per the norms of CCIM/CCH and cannot sanction the further grant to the Grant-in-aid institutions. 2. The Department vide resolutions dated 27.05.2003 and 24.09.2004 has decided the scale of fees with regard tot he grant in aid ayurved and homeopathy medical colleges and affiliated hospitals. For the said fees, which are getting from the students, concerned institutions are supposed to fulfill the norms of CCIM/CCH. For the aforesaid purpose, this Department called upon a meeting on 24.12.2007 of all concerned colleges and it was directed that from the annual fees collected from the students is to be used for the fulfillment of the norms of Councils and all the trusts will appoint, on or before 15.02.2008, teaching staff on the basis of the Contract system as per its own setup/strength i.e. to appoint the staff on contractual basis over and above the set up which is already sanctioned by the State Government and in the parallel line with the regular teaching staff and accordingly concerned institutions also showed their readiness. However, as on today, no procedure has been followed and during this period by way of petition they have prayed before this Hon'ble Court. With regard to that an affidavit dated 12.01.2011, is also filed in it. 3. The fees which is given to all concerned institutions by the Department from each student is equivalent to 100% of salary to the sanctioned teaching as well as non teaching staff of the concerned institution whose set up came to be accepted at relevant point of time. Over and above, the Government is also praying maintenance grant to the institutions. Looking to the and considering the aforesaid factual aspects the request of the grant in aid ayurved and homeopathy colleges about sanctioning the strength of teaching staff and non teaching staff as per the norms of CCIM and CCH and to pay their salary etc. and to take responsibility of them is rejected. 4. Looking to the and considering the aforesaid factual aspects the request of the grant in aid ayurved and homeopathy colleges about sanctioning the strength of teaching staff and non teaching staff as per the norms of CCIM and CCH and to pay their salary etc. and to take responsibility of them is rejected. 4. Despite this, if concerned institutions want to, as per para 2 of this order, increase the set up from their own fund and to increase their internal arrangement, then the institution can do so. 5. This order is issued as per the consent given, on 21.01.2011, by the Hon'ble Minister (Health). By the order and in the name of Governor of Gujarat. 14. Having considered the contentions put forward by the Petitioners and also having considered the contentions put forward by the State Government, more particularly, the stand of the State Government as made clear in their respective affidavits, we are of the view that the claim of the Petitioners, that the State Government is under an obligation to sanction the posts of teaching, non-teaching and hospital staff in Ayurved/Homeopathy Colleges as per the set up prescribed by Central Council of Indian Medicine, does not appear to be tenable in law. The Government has made its stand clear, and to our mind, justifiably that while granting permission in the year 1981 and 1986, it was made clear that the direct payment will be made only to the sanctioned set up as per the two Government Resolutions i.e. of 1981 and 1986 respectively. On 27.05.2003, Government Resolution was passed fixing the fee standard of grant-in-aid Ayurved/Homeopathy Colleges and self finance Ayurved/Homeopathy Colleges and as per that Government Resolution, the fees was fixed per year at the rate of Rs.25000/- per student and as per the Government Resolution dated 24.09.2004, out of Rs.25,000/-, only Rs.15,000/- were required to be deposited to the State Government towards the expenditure incurred by the State Government, and Rs.10,000/- were left with the institution. All other standards prescribed by Central Council of Indian Medicine and Central Council of Homeopathy are required to be fulfilled from the amount of Rs.10,000/-, which the institutions received from each student. All other standards prescribed by Central Council of Indian Medicine and Central Council of Homeopathy are required to be fulfilled from the amount of Rs.10,000/-, which the institutions received from each student. We are of the view that the Government has made its stand very clear that the Government is not against fulfilling the requirement, as laid down by the Central Council of Indian Medicine and Central Council of Homeopathy, but the same is to be complied with by the institutions from the funds which they are getting from every student by way of fees. 15. These writ petitions can be disposed off on a very small legal principle of writ jurisdiction. It must be remembered that the petition is for a mandamus. The Supreme Court, in the case of Dr. Rai Shivendra Bahadur v. Governing Body of Nalanda College reported in, AIR 1962 SC 1210 , has pointed out that in order that mandamus may issue to compel an authority to do something, it must be shown that the statute imposes a legal duty on that authority and the aggrieved party has a legal right under the statute to enforce its performance. 16. In the present case, we do not find any such legal right under the statute or any other rules or regulation which the Petitioner can assert while seeking mandamus from this Court to direct the State Government to sanction the additional posts as per the norms laid down by Indian Medical Central Council. 17. In Mani Subrat Jain v. State of Haryana reported in, 1977 (1) SCC 486 , the Supreme Court has observed as under: "It is elementary though it is to be restated that no one can ask for a mandamus without a legal right. There must be a judicially enforceable right as a legally protected right before one suffering a legal grievance can ask for a mandamus. A person can be said to be aggrieved only when a person is denied a legal right be some one who has a legal duty to do something or to abstain from doing something." 18. There must be a judicially enforceable right as a legally protected right before one suffering a legal grievance can ask for a mandamus. A person can be said to be aggrieved only when a person is denied a legal right be some one who has a legal duty to do something or to abstain from doing something." 18. In the above view of the matter, we conclude by observing that the Petitioners have no legal right to claim that, the State Government is under legal obligation to sanction the posts of teaching, non-teaching and hospital staff in grant-in-aid Ayurved/Homeopathy Colleges as per the norms of Central Council of Indian Medicine and Central Council of Homeopathy and to pay their salary etc. and the Government has no legal duty in this regard, taking into consideration the stand which has been placed on record. 19. We do not find any merit in the petitions and the same are hereby rejected with no order as to costs. 20. Before parting, we need to clarify that though we have rejected the writ petitions, it will be open and permissible for the respective institutions to make necessary appointments on their own so as to meet with the standards and norms prescribed by Central Council of Indian Medicine and Central Council of Homeopathy and in that case all costs and expenses in this regard shall be borne by the respective institutions and the institutions shall not demand any financial aid in this regard from the State Government. Order accordingly.