JUDGMENT - B.N. SRIKRISHNA, J.:---This writ petition has been placed before this Full Bench because of the view expressed by the Division Bench of Justice V.A. Mohta and Dr. B.P. Saraf, JJ. by their order dated 17th October, 1992 doubting the correctness of the view taken by another Division Bench of this Court in (Khan Abdul Hamid Abdul Razak v. Mohamed Haji Saboo Siddik Polytechnic)1, 1985 Mh.L.J. 400 in the light of subsequent Supreme Court pronouncements and suggesting its reconsideration by a larger Bench.

2. The facts of this writ petition, in so far as material to the controversy, are as under :

The petitioner is a society run by the Clergy of the Roman Catholic Archdiocese of Nagpur, which is governed by the Code of Canon Law. It is a society registered under the Societies Registration Act, 1860 and conducts the St. Francis de Sales Higher Secondary School in Nagpur since 1873. The Head Master of the petitioner School is Rev. Fr. Maurice Fernandes, a Roman Catholic Priest. The petitioner is a minority educational institution run by the Christian Clergy.

3. The management of the school is in the hands of persons belonging to the minority of Christians and the school is basical

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