R. R. K. TRLVEDI, J.

In both the aforesaid writ petitions the controversy and the questions of fact and law involved are identical and thus both the writ peti tions may be decided by a common judg ment. Counter and rejoinder affidavits have been exchanged between the parties and learned counsel for parties have agreed that the petitions may be decided finally at this stage. Writ Petition No. 28320 of 1995 shall be the leading case.

2. Institution Maharshi Patanjali Vidya Mandir, Allahabad was established in 1988. It is recognized by and affiliated to Central Board of Secondary Education, Delhi. This institution imparted educa tion up to Class X. However, in 1994 it was permitted to start Class XI. The institu tion is run by a registered Society known as Maharshi Patanjali Vidya Mandir Samiti, Allahabad. It does not receive any grant or financial assistance from the Central or State Governments. The case of petitioner Arvind Kumar Sharma is that he was ad mitted in Class VI of this Institution in the year 1990 after successfully completing the Entrance Examination. Since then the petitioner continued to be a regular stu dent. In March, 1995, he appeared in the Examination conducted

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