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 by the Central Board of Secondary Education. He was declared pass. However, he could secure only 52% marks. He applied for admission in Class XL The Institution, however, held an Entrance Test in which petitioner ap peared but he was not selected for admis sion. Then father of petitioner ap proached the principal and pleaded that as petitioner is a product of and regular stu dent of Institution, he should be given preference in the matter of admission than the outsiders. However, this request was not accepted. Aggrieved by refusal of ad mission, the petitioner has approached this Court under Article 226 of the Con stitution and filed Writ Petition No. 28320 of 1995 and has prayed for a direction to respondent No. 2 to admit him in Class XI (Bio Science ).

3. Case of petitioner Sanjay Sahu is that in the year 1989 he was admitted in Class V in the Mann Public School Holambi Khurd, Delhi-82 which is af filiated to Central Board of Secondary Education, New Delhi. Petitioner studied their upto Class VII. Thereafter, he sought admission in the year 1992 in Maharshi Patanjali Vidya Mandir, Allahabad. Petitioner was asked to appear in the Entrance Examination which he com peted successfully and thereafter he was enrolled as a regular student. In March, 1995, he appeared in the Examination held by the Central Board of Secondary Education which he has passed. However, he could secure only 50% marks. Rest of the facts are identical like in the earlier petition that he appeared in the Entrance Examination but he has been refused ad mission. Aggrieved by the refusal, Writ Petition No. 28652 of 1995 has been filed.

4. Respondents have filed counter-affidavit in both the aforesaid petitions and have contended that as the Institution Maharshi Patanjali Vidya Mandir is a private Institution and is not getting any aid or financial assistance from the Central or State Governments and no infr ingement of any statutory right or viola tion of Statute has been alleged, the writ petition is not legally maintainable. It has been further submitted that the Central Board of Secondary Education has framed Examination Bye- Laws and in Chapter 3 Bye-Law 6 (ii), it has been provided that a student who has passed the secondary or an equivalent examination of a recognised Board/university may be admitted in Class XI by the Principal without getting approval of the Board. It is contended that under the aforesaid Bye-Law the students who have passed Class X from other schools, if they apply for admission in Class XI, they have to be considered. It has been further submitted that Maharshi Patanjali Vidya Mandir being a reputed institution attracts many students of other institutions. In the relevant year there were about 134 applicants seeking such admission and on account of the abov

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