1. I am of the opinion that this Original Petition under Art.226 of the Constitution is not maintainable. The question raited relates to recruitment of Sepoys in the Central Excise Department. The petitioner was an aspirant for selection. He underwent the physical test successfully. He was also interviewed. But he was not selected, according to him wrongfully and for extraneous reasons. Therefore he seeks the issue of a writ of mandamus directing the respondents to appoint him as a Sepoy.

2. Counsel for the respondents raised a preliminary objection that the jurisdiction of this court is excluded by S 28 of the Administrative Tribunals Act, 13 of 1985 (the Act) read with Art.323A(2)(d) of the Constitution of India. He points out that the Original Petition relates to recruitment to the Civil service of the Union, which falls within the exclusive jurisdiction of the Central Administrative Tribunal under S.14 of the Act, the relevant clause of which reads:

"(a) recruitment, and matters concerning recruitment, to any All-India Service or to any civil service of the Union or a civil post under the Union or to a post connected with defence or in the defence services, being, in