N.H.BHATT, J. - (1.) AS far as the first abstract proposition of law is concerned Mr. Ajmera urged by referring to sec. 39(4) of the Gujarat Secondary Education Act that it is the mandatory duty of the Tribunal to entertain and decide disputes of the nature referred to in sub-sec. (1) of sec. 38. According to Mr. Ajmera the words entertain and decide necessarily presuppose actual admission of the matter and a full-fledged hearing. With respect to the learned advocate I find it difficult to hold so. To entertain means to take on hand and apply the mind and the word decide does not necessarily mean decide at the conclusion of a protracted or long drawn out battle. If the Tribunal finds that the application made to it under sec. 38 of the Act ex-facie does not disclose any cause of action the Tribunal will be within its competence to entertain and decide it by summarily rejecting it. So the abstract proposition put forward by Mr. Ajmera in my opinion cannot hold good. In this connection however Mr. Ajmeras grievance is not confined to this particular case. If the petition discloses that dispute has been brought to the Tribunal by a teacher a Headmaster or a member of non-teaching staff in connection with the condition of service of such person the application is competent. More often than not such applications would be referring to some condition of service giving rise to a dispute and when such an averment is there in the petition itself it will be the duty of the Tribunal to afford an opportunity to the applicant to make good that assertion of the condition of service and the consequential right resting on it. In such cases it will not be open to the Tribunal to summarily reject the application without affording an opportunity to the concerned applicant to adduce requisite evidence This observation is necessitated because Mr. Ajmera urged with all sincerity at his command that the above-mentioned finding of mine on the first question arising in this petition was likely to create misunderstanding in the mind of the Tribunal. Petition dismissed.;