In Brief
Balkrishna Ram, an Armed Forces recruit who failed an aptitude test, was discharged from service. He challenged this before the High Court. The central issue was whether his intra-court appeal (appeal against the single judge's order) should be transferred to the Armed Forces Tribunal (AFT) under Section 34 of the Armed Forces Tribunal Act, 2007. The Supreme Court held that intra-court appeals cannot be transferred to the AFT, as the AFT's jurisdiction explicitly excludes the High Court's writ jurisdiction under Articles 226-227 of the Constitution. Judicial review is part of the Constitution's basic structure and cannot be taken away. On the merits, the Court found Ram had been considered for alternative posts but failed to meet height criteria, confirming his discharge was justified. Appeal dismissed.
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