Tribunal is the court of first instance
The service matters concerning recruitment and service conditions of state employees, including suspension review, fall within exclusive jurisdiction of administrative tribunal, which must be approached first before directly seeking high courts intervention in such matters, says the High Court of Kerala in Sadiq M M v State of Kerala [2025:KER:251].
Even though high court’s jurisdiction cannot be completely ousted it should be exercised in supervision of tribunals and not by directly entertaining matters bypassing tribunals.
Tribunal can deal with challenges to statutes
However, High Court can be approached directly if the case is for challenging the parent statutory legislation that has created the administrative tribunals. The tribunal can deal with all other challenges to statutes in their areas of jurisdiction.
Recruitment & conditions of service come under Tribunals
The Article 323A of the Constitution deals with the constitution of administrative tribunals in respect of recruitment and conditions of service of persons appointed to public services under the government.
The tribunals are the courts of first instance in respect of areas of law relating to recruitment or matters concerning such recruitment or such service matters, for which Administrative Tribunals have been constituted.
Reference
- Sadiq M M v State of Kerala [2025:KER:251]
