JUDGMENT Thomas, C.J. - This is an application by Mr. G. R. F. X Monteserrat. It purports to be under S. 170 of the Army Act (of 1879) praying that the order commanding the applicant to call for fresh enlistment filed herewith be cancelled and the applicant be declared entitled to his original rank and incapable of fresh recruitment as a private............. 2. The applicant who is a European British subject, came out to this country in the year 1941 and was attached to No. 1, Supply Training Group, R. I. A. S. C, Ambala and held the rank of a Lieutenant. 3. It appears that- he was tried by a General Court Martial on IS different charges. He was acquitted in respect of 3 and convicted in respect of 19 charges. He was cashiered and sentenced to six months' hard labour. The Court Martial took place at Simla, but the applicant served his sentence in the military prison at Lucknow. 4. The applicant has now received orders from the Commander, Lucknow Military District, under S. 7, Sub-S. I, of the National Service Act (Act XVIII of 1940), as amended by Ordinance V of 1940, calling him for military service with effect from the 19th of March 1945. The application was presented to me on the 16th of March, 1945, and the applicant strongly urged that I should pass an interim order to stop the recruitment of the applicant until the disposal of the application. This request was refused by me and the application was ordered to be put in the presence of the Government Advocate to-day. A large number of objections were raised with regard to the trial by the Court Martial, but the real object of the applicant seems to be put that he does not want to be called up. This request was refused by me and the application was ordered to be put in the presence of the Government Advocate to-day. A large number of objections were raised with regard to the trial by the Court Martial, but the real object of the applicant seems to be put that he does not want to be called up. R. 9 (1) of Ordinance No. V of 1940, which amends S. 7 (1) of the National Service (European British Subjects) Act, 1940, lays down that : The competent authority (which in this case is the Commander, Lucknow Military District) may cause to be served on any person, who is liable under this Act to be called up for national service and whose case has been examined and reported on by the National Service Advisory Committee, a written notice (hereinafter referred to in this Act as calling up notice) stating that he is called up for service in such one of His Majesty's armed forces as may be specified in the notice, or for service in such civilian capacity whether under the Crown or otherwise as may be so specified, and requiring him to present himself at such place and time (not earlier than the seventh day after the date of the service of the notice) and to such authority as may be so specified.................. 5. It is conceded by the applicant that such a notice has been received by him, and I have not the slightest doubt that as a European British subject he is liable to be called up under this Ordinance. An appeal is provided by R. 7-A (1) to a person who does not wish to be called up. It lays down that : Where a calling-up notice is served under S. 7 upon any person who has been reported by the National Service Advisory Committee to be not available for national service, a copy of the notice shall at the same time be served upon his employer, and that person himself or the employer of that person may, at any time before the seventh day from the service, of the notice, appeal against the order to the Tribunal constituted under S. 9. 6. 6. It is a matter of common knowledge that such a Tribunal exists in Lucknow, and it is conceded by the applicant that he has not approached or made any representation to the Tribunal by way of an appeal against the notice of calling up which has been served upon him. The contention of the applicant is that he is entitled to come up to this Court and challenge this order of calling-up. I regret I am unable to agree with this contention. Where a specific remedy has been provided by law it is the duty of the person or persons concerned, who wish to challenge such an order, to observe the proper procedure and seek his, or their, remedy in a manner provided by law. The applicant has relied on S. 170 of the Army Act and has tried to convince me that the findings of the Court Martial were wrong and the whole proceedings were ultra-vires on various grounds which are mentioned in this application. I do not propose for the purposes of the disposal of this application to enter into details of those grounds. I understand from the applicant that after the order of the Court Martial was promulgated, he made a representation to the higher authorities, but so far he has not heard anything. I have no doubt that this Court has no power to interfere with matters of military conduct and purely military law. S. 170 of the Army Act relates to anything done under the Act and the person is to be exclusively tried by that Act under Court Martial and I have no jurisdiction to sit in judgment on the findings of-any Court Martial where a person has been tried under the Army Act, particularly when a more appropriate remedy is open to the applicant. Further, I am of opinion that I should not grant the writ unless I am satisfied that the remedy will be effectual. 7. In one of the paras, of the application it is urged by the applicant that as he has been "dishonourably discharged" from the Army, he should not be called upon for enlistment. This is a question, in my opinion, which should be decided by the Tribunal and not by me. 8. 7. In one of the paras, of the application it is urged by the applicant that as he has been "dishonourably discharged" from the Army, he should not be called upon for enlistment. This is a question, in my opinion, which should be decided by the Tribunal and not by me. 8. After giving my full consideration to the representation made by the applicant, I am of opinion that I am/neither empowered to interfere with the order of the Court Martial nor with the order of the Commander calling up the applicant for military service and even if I am so empowered, there are no grounds for interference. I therefore reject the application.