( 1 ) FOLLOWING question has been referred by a Division Bench of this Court for decision by the full Bench:

"whether the Deputy Director of Education can be said to be functioning as a Tribunal within the meaning of Rule 5 in Chapter VIII of the Allahabad High Court Rules, while exercising the powers conferred on him under sub-section (7) of Section 16-A of the U. P. Intermediate Education Act, 1921. "

( 2 ) THIS special appeal arose from an order passed by a learned single Judge of this Court dismissing the writ petition which was filed questioning the validity of an order passed by the Deputy Director of Education under Section 16- A (7) of The U. P. Intermediate Education Act, 1921 (hereinafter referred to as the Act ). The appeal came up for hearing before a Division Bench comprising the then Honble Acting Chief Justice Mr. A. L. Rao and Honble Mr. Justice V. N. Khare (as he then was ). A preliminary objection was raised by the learned counsel appearing for the third respondent that the special appeal is not maintainable in view of the provisions of Rule 5 of Chapter VIII of the Allahabad High Court Rules, as the Deputy Director of Education acts as a tribunal and no