Can’t hear disputes relating to armed forces: CAT

“The jurisdiction of this tribunal is ousted to decide the matter relating recruitment to paramilitary forces,central police organisations,” it said.

The bench dismissed the petitions filed by Mamta Chaudhary and Namrata Singh,challenging their non-selection to central paramilitary forces,saying it is not the “proper” forum to adjudicate the matter.

Justice Chauhan relied on a 1993 full bench order of the tribunal to dismiss the pleas which held the Administrative Tribunals Act does not apply to matters relating to recruitment and service matters of members of the armed forces.

The bench noted that the central police organisations CRPF,CISF,ITBP,SSB and BSF are admittedly recognised as armed forces. The petitioners had assailed a Staff Selection Commission’s decision of not selecting them to the post of Sub-Inspector in CISF and CRPF,despite qualifying the written examination,physical endurance test and medical test on the ground that they did not fill up the preference of service in their application form.

The bench,dismissing their pleas,however,mentioned that mere membership of the armed forces does not oust its jurisdiction.

“Mere membership of the armed forces is not enough to oust the jurisdiction of the tribunal and what is necessary is whether the dispute relates to recruitment to the armed forces (or service matter),” it said.

The bench asked the petitioners to approach the “proper forum” for redressal of their dispute.