The Central Administrative Tribunal has jurisdiction over disputes and complaints regarding recruitment to civil services and posts under the Union, including matters concerning recruitment.

( 1 ) THE petitioner has appeared for the selection of Divisional Accountant and Junior Accountant held by the Staff Selection Commission, Government of India, Department of Personnel, Public grievance and Pension. It is alleged that the petitioner had been successful and his name was in serial No. 138 while he comes at serial No. 8 among the schedule caste candidates. Despite being successful, no appointment letter was being issued to the petitioner. Therefore, this writ petition has been filed.

( 2 ) IN the counter-affidavit, the question of maintainability has been raised apart from the objections to the merit of the case. The learned counsel for the petitioner Mr. Sheo Shankar tripathi contends that unless the petitioner is given appointment, it does not come within the purview of Central Administrative Tribunals Act and as such, the jurisdiction of this Court cannot be taken away. In order to substantiate his contention, he relies on Article 323a of the constitution and contends that it relates to the Government service. Unless a person is appointed, he is not in Government service. Therefore, in the present case when the matter is in the process of recruitment and the petitioner is seeking issue of an appointment letter, the petitioner is not in government service amenable to the provisions of the Central Administrative Tribunal Act. According to him, there cannot be inconsistency between the Act and Article 323a. In case there is inconsistency in the Act. in that extent it would be incompetent, void and ultra vires to that extent to Article 323a of the Constitution. Since the Article 323a prescribes Government service, therefore, all matters relating to recruitment cannot be brought within the purview of the central Administrative Tribunal.

( 3 ) I have heard the learned counsel for the petitioner. No one, however, appears on behalf of the respondents.

( 4 ) THE contention of the counsel for the petitioner appears to be wholly misconceived. A reading of Article 323a shows that the entire argument of Mr. Tripathl is based on a misreading of the said Article. In order to appreciate the situation, it would be beneficial to refer to the provision of the said Article. Article 323a prescribes as follows :

"article 323a. Administrative Tribunals.-- (1) Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect of recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation owned or controlled by the Government. (2) A law made under clause (1) may,- (a) provide for the establishment of an administrative tribunal for the Union and a separate administrative tribunal for each State or for two or more States ; (b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals : (c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals ; (d) exclude the jurisdiction of all Courts, except the jurisdiction of the Supreme Court under article 136, with respect to the disputes or complaints referred to in clause (1) ; (e) provide for the transfer to each such administrative tribunal of any cases pending before any court or other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment; (f) repeal or amend any order made by the President under clause (3) of Article 371d; (g) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as Parliament may deem necessary for the effe