UNION OF INDIA AND ORS. Vs. KAPIL KUMAR

JUDGEMENT

(1.) This special appeal arises from a judgment of a learned Single Judge dated 6 October 2015 on a petition under Article 226 of the Constitution, holding that the writ petition raises a dispute which falls within the jurisdiction of the Armed Forces Tribunal constituted under the Armed Forces Tribunal Act, 2007 ("Act") and directing, in consequence, that in view of the provisions contained in Section 34 of the Act, the record of the writ petition be transmitted to the Tribunal at Lucknow. The Union of India through its Secretary in the Ministry of Defence, the Army Recruitment Office and the Prescribed Authority have joined in the appeal to challenge the order of the learned Single Judge.

(2.) The case of the respondent is that a recruitment rally was held at Meerut on 12 and 13 August 2011 for the post of a Soldier. The respondent claims to have passed the physical examination test. According to the respondent, in the recruitment process in which he appeared at the medical examination, he was found to be permanently unfit on the ground of his suffering from "substandard vision and restricted supination". His case was that he was referred for a review medical examination to the military hospital on 29 August 2011 and 3 September 2011 where he was declared fit. Following this, it has been stated that the respondent appeared in the common entrance examination on 30 October 2011 and was declared to have qualified at the written examination. Thereupon, it has been stated that he was empanelled in the merit list and lodged to the Rajput Regiment Centre at Fatehgarh for the post of Infantry Soldier (General Duty) and was directed to report to the Army Recruiting Office at Meerut on 20 December 2011 for further dispatch for basic military training. According to the respondent, no appointment letter was issued to him and he was not sent for training. After issuing legal notices, the respondent instituted a suit before the Civil Judge (Senior Division) Meerut, Suit No.894 of 2014 in which, it has been stated, notices were issued. A written statement was filed on behalf of the Union of India where it was averred that the respondent did not possess vision of the required standard and that he had been declared medically unfit on 18 December 2011.

(3.) A writ petition was filed before this Court with an averment that the respondent has been advised to withdraw the civil suit, which was accordingly withdrawn on 17 March 2015 in order to approach this Court in the exercise of its writ jurisdiction. The relief which has been sought in the writ proceedings is in the following terms: