Imran Abbass and another, Petitioners v. Catholic Diocese of Lucknow and others, Respondents.

JAGDISH BHALLA, J.

Constitution of India, Articles 12, 226 – Minority educational institution - Unaided, unfunded and not managed by government - Not agency or instrumentality of State - Writ against - Cannot be issued.

The Cathedral Educational Society which runs the Cathedral School a private minority institution unaided and not managed by Government is neither an agency nor instrumentality of the State so as to come within the expression "state" as contemplated under Article 12 of the Constitution. Writ Petition challenging expulsion of student from such school is not maintainable.                                                                                 (Source: AIR 1997 Allahabad 351)