(1.) The Reference to the Full Bench:
(2.) ISSUES BEFORE THE COURT :
(3.) Conflict of decisions in this Court : 3.1 The three heads under which the issues have been distributed form the subject matter of the reference to the Full Bench. Conflicting views have been expressed in judgments of Learned Single Judges and, as we shall see, in decisions of Division Benches as well. In order to appreciate the context of the controversy, it is necessary to advert to the conflicting views that have been expressed on all the three aspects, namely, (i) The maintainability of a civil suit on a subject which falls within the jurisdiction of the Tribunal under Section 9; (ii) The nature of the remedy available against the decision of an Education Officer under Rule 12; and (iii) The requirement of approval by the Department and its interrelationship with the maintainability of an appeal before the Tribunal. The conflict of decisions can now be analysed :
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