( 1 ) THE petitioner hails from Kottayam District in Kerala. She joined the three-year Nursing Course in the first respondent Nursing School, namely, Mediciti School of Nursing ( nursing School for brevity ). Allegedly she paid a hefty fees of Rs. 53,000. 00 and for that purpose her parents mortgaged the only house they possessed. She joined the course on 5-8-1999 and would be completing the course by January, 2003. She passed first year course and is likely to appear for the examination of second year course in January/february, 2002. On 6-9-2001 she was permitted to leave the Nursing School situated at Ghanpur to enable her to meet her relatives, who came from Kerala. On her return the Principal of the Nursing School summoned her and she was told that she is no longer eligible to continue nursing course as her character is not good. The Principal extracted a confession from the petitioner by force. On 20-9-2001 the impugned order/letter was issued to the father of the petitioner. The said letter reads as under. THIS has reference to the discussion regarding your daughter Ms. Jiby P. Chacko held with you and her local guardian Mr. P. G. Kuriakose on 12/09/2001 in the office of the undersigned. You are aware that you daughter Ms. Jiby P. Chacko has been actively indulging in acts of gross misconduct within and also outside the premises of this institution. You are also aware that in her attempts to cover up such acts she has taken recourse to falsehood and also falsification of official records. You are also aware that she was counselled and warned several times in the past in such matters but to no avail. Her attitude and willful acts have imposed a serious risk on her personal safety. Her example has jeopardized the discipline and reputation of the institution. Her continuation here is therefore neither in her interest nor in the interest of the institution. Considering all aspects, including the fact that she has been wilfully and consistently indulging in misconduct disregarding repeated warnings, Ms. Jiby P. Chacko is hereby terminated from the training in this institution.

( 2 ) CHALLENGING the order terminating her training in Nursing School the petitioner filed this writ petition praying this Court to issue a writ of mandamus declaring the impugned letter as illegal, arbitrary and violative of principles of natural justice and further direct the Nursing School to continue the petitioner in the Nursing Course.

( 3 ) WHILE ordering Notice before admission, this Court by order dated 5-11-2001 suspended the impugned order till 31-12-2001. The Principal of the Nursing School has filed an application being WVMP No. 3199 of 2001 praying to vacate the suspension order. As the matter involves education career of a student, the matter was heard finally with the consent of both the learned Counsel and the same is being disposed of at the admission stage.

( 4 ) THE learned Counsel for the petitioner Sri P. Srinivasa Yadav submits that the petitioner has been rusticated duly terminating her training without following the principles of natural justice, that confession was obtained by the Principal by force which is the basis for passing the order and that the allegations of misconduct were never enquired into by the Principal. Therefore, the learned Counsel would submit that the action of the Nursing School is grossly in violation of principles of natural justice and it also violates fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India.

( 5 ) SRI Koka Satyanarayana Rao, learned Counsel for the first respondent submits that Private Nursing School is not an instrumentality of the State within the meaning of Article 12 of the Constitution of India and therefore not amenable to jurisdiction under Article 226 of the Constitution of India. He has drawn my attention to the relevant paragraphs of the counter-affidavit to submit that on many occasions the petitioner obtained permission in writ