hold that Clause 2(d) of Article
323A and Clause 3(d) of Article 323B , to the extent they exclude the jurisdiction
of the High ... powers conferred
by Articles 226/227 and 32 of the Constitution. The Tribunals created under
Article 323A and Article 323B of the Constitution are possessed
neutral appellate
mechanism had been enabled by the incorporation of Article 323B in
the Constitution by the Forty Second Amendment which, inter alia,
included ... appellate hierarchy itself, cannot but have been intended to
conform to Article 323B of the Constitution also. We may, indeed,
conjecture that perception of blurred
remedy before constitutional courts even for some
deserving litigants. However, when Article 323B(1) of the
Constitution read with Article 323B(3)(b) and entry ... assign to a revisionary authority the
functions that are stated in Article 323B(2)(a); incorporation of
statutory provisions such as Section 129DD
hold that Clause 2(d) of Article 323A and
Clause 3(d) of Article 323B , to the extent they exclude the jurisdiction of the High ... powers conferred by Articles 226/227 and 32 of the
Constitution. The Tribunals created under Article 323A and Article 323B of the Constitution are
possessed
hold that Clause 2(d) of Article
323A and Clause 3(d) of Article 323B , to the extent they exclude the jurisdiction
of the High ... powers conferred
by Articles 226/227 and 32 of the Constitution. The Tribunals created under
Article 323A and Article 323B of the Constitution are possessed
expressly excluded. This reasoning is further fortified by the fact
that Article 323B (i) of the Constitution of India empowers this Tribunal to
deal with
observed as :-
The Tribunals are set up [under] Articles 323A and 323B of the Constitution or under an Act of Legislature are creatures ... right to equality before law and equal protection of laws guaranteed by Article 14 of the Constitution, clearly includes a right to have the person
