JUDGMENT - B.H. MARLAPALLE, J.:---The petitioner came to be appointed as an Assistant Teacher at Shri Mahavir Sthanakwasi Jain Vidyalaya, Jalna, which is run by the respondent No. 1 (Shri Vardhaman Sthanakwasi Jain Shravak Sangh) vide order dated 11-6-1968. While in service, he passed his B.Ed. examination in 1972 and came to be promoted to the post of Supervisor in July, 1974. On the basis of his merit and seniority, he was again promoted to the post of Assistant Head Master vide order dated 20-7-1982 and since then he is continuously working as Assistant Head Master in the said school. It is also to be noted that his appointments to the posts of Assistant Teacher, Supervisor as well as Assistant Head Master were duly approved from time to time by the Education Officer (Secondary).

2. Till 31-5-1993, one Shri B.N. Pande was holding the post of Head Master and on his retirement, the said post fell vacant from 1-6-1993. The petitioner had made a representation in anticipation to the respondent No. 1 on 1-2-1993 with a request to promote him to the post of Head Master on the retirement of Shri Pande. He had also relied upon provisions of Rule 12 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 read with Schedule F and submitted that he being the senior most teacher in category B as set out in Schedule F to the said Rules, he was required to be promoted to the post of Head Master. He had also submitted a representation on 27-5-1993 for supply of copy of the seniority list and when the same was not made available to him, he himself prepared the seniority list and submitted it to the management. Inspite of these representations, the respondent No. 1 appointed respondent No. 3 to the post of Head Master by superceding the claim of the petitioner and, therefore, the petitioner approached this Court challenging the appointment of the respondent No. 3 as Head Master in the instant petition.

3. By order dated 27-9-1993, the petition was admitted and interim relief in terms of prayer Clauses (D) and (E) was granted by a Division Bench of this Court. Prayer Clauses (D) and (E) read as under :

"(D) Pending hearing and final disposal of this writ petition, the respondent No. 1 be restrained from appointing any other candidate as Head Master.

(E) Pending hearing and final disposal of this writ petition, the respondent No. 1 be directed to promote the petitioner temporarily and subject to the decision of the writ petition to the post of Head Master.

4. This order came to be challenged by the respondent No. 1 management before the Apex Court in Civil Appeal No. 463/1994 and by order dated 28-1-1994, this Court's order granting interim relief passed on 27-7-1993 came to be set aside insofar as it related to the appointment of the respondent No. 3 as the temporary Head Master and the Apex Court further ordered maintenance of status quo as it existed on that day. This Court was also requested to dispose of the petition positively within a period of four months by the said order.

We are informed that pursuant to the order passed by the Apex Court, the respondent No. 3 continued to hold the post of Head Master.

5. The petitioner has, at the first instance, raised the challenge to the status of the respondent No. 1 society. It has been more particularly submitted that the respondent No. 1 is not a minority institution and the minority status granted to it by respondent No. 2 or respondent No. 4 some times in 1984 is illegal and it ought to be declared that the respondent No. 1 is not a minority institution as contemplated within the meaning of Article 30 of the Constitution of India.

6. In support of these contentions, Shri Barlinge, the learned Counsel for petitioner, submitted that though the respondent No. 1 is managed by persons belonging to the religious minority (Jain religion), it does not cater to the exclusive needs of minority community students or members of the said religious minority community. Reliance has

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