By the Court.—Heard Shri Ramesh Chandra Dwivedi, learned counsel for the appellant; Shri Sanjay Kumar Singh, learned Standing Counsel; and Shri B.N. Singh, learned counsel for third to fifth respondents.

2. Anjani Kumar Srivastava has preferred present Special Appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 assailing the validity of order dated 13.4.2017 passed by learned Single Judge in Writ Petition No. 15398/2017 (Anjani Kumar Srivastava v. State of U.P. and others) wherein learned Single Judge has proceeded to dismiss the claim set up by the petitioner-appellant with the following observations :

“By means of this writ petition, the petitioner has come to this Court challenging the order of suspension. In support thereof, learned counsel for the petitioner has relied upon a decision of Hon’ble Supreme Court in the case of Ramesh Ahluwalia v. State of Punjab and others, 2012 (12) SCC 331. The said judgment was relating to the Central Board of Secondary Education. It is submitted that the institution is imparting education and, therefore, is performing public function.

The institution in question is a private institution and unaided in any form by the