A writ petition under Art. 226 of the Constitution of India is not maintainable against private aided or non-aided educational institutions.

S. N. BHARGAV, J.

( 1 ) THESE four writ petitions relating to the admission of the petitioners in various educational institutions involve similar questions of law and, therefore, are being decided by this common order.

( 2 ) ADVERTING to the facts of Writ Petition No. 3277 / 89 Miss Mona Dhand v. State. The petitioner was a student of St. Angela Sophia, Higher Secondary School, Bikaner. She studied in that school from 1982 to 1987 from Nursery to Vth standard. She was studying in Class vth when her father, who is an employee of the Government of Rajasthan, was transferred from Bikaner to Jaipur in December, 1988. Since there was no hostel facility at St. Angela Sophia Higher Secondary School, Bikaner, she obtained transfer certificate on 28-1-1989. Her father met the Principal, St. Angela Sophia School, Jaipur and requested to admit the petitioner in Class V but the principal of the school declined to admit the petitioner in mid session and her father was assured that the petitioner will be given admission in the next session i. e. from July, 1989. The petitioner therefore was admitted in New Bells School, Tilak Nagar, Jaipur from where she passed 5th Class in April, 1989. The petitioners father met the Principal, St. Angela Sophia School, Jaipur in June, 1989. He was advised to contact in the first week of July, 1989. When father of the petitioner met the Principal on 1/07/1989 and requested for admission of the petitioner, he was informed that there was no seat available and it was not possible to admit the petitioner. Thereafter father of the petitioner sent a notice through his counsel on 3-7-1989. The same was replied, denying the allegations made in the notice. It was also mentioned that the petitioner could not be given admission because student from a local school of Jaipur cannot be admitted in St. Angela Sophia School as per their policy. The petitioners father submitted a representation to the District Education Officer which was forwarded to the Director of Education and the Deputy Director of Education assured that he will arrange for the admission of the petitioner and a letter was written by the Deputy Director, Education to the Principal, St. Angela Sophia School, Jaipur, requesting her to admit the petitioner and further stating that his office will have no objection if on transfer basis from one St. Angela Sophia School to another St. Angela Sophia School, strength is increased marginally. The petitioners father again met the Principal of the School but with no result.

( 3 ) IT has been stated in the writ petition that the respondent No. 2 education Society of St. Angola Sophia is a Society registered under the Rajasthan Societies Registration Act which

runs St. Angela Sophia Higher Secondary School. It is recognised by the Govt. of Rajasthan and is given 80% aid by the Education Department of the Government of Rajasthan. The School is affiliated to the Board of Secondary Education, Rajasthan, Ajmer, and therefore, it is state within the meaning of Art. 12 of the Constitution of India. Since it is discharging one of the constitutional functions of the State to impart education it is covered by the definition of word state and is amenable to writ jurisdiction. It has further been asserted that all the Sophia Schools in Rajasthan are controlled by R. C. Diocesan Society of Ajmer-Jaipur. The respondent No. 2 is also controlled by it. A student studying in one such school is entitled to be admitted in another school on transfer of parents from one city to other.

( 4 ) NOTICES were issued as to why the writ petition should not be admitted and disposed of.

( 5 ) REPLY to the writ petition has been filed on behalf of respondent No. 2 wherein it has been denied that father of the petitioner met the principal or that the principal assured him that his daughter (petitioner) will be given admission in July, 1989. It has further been asserted that a communication was sent to the Deputy Director by the Princi