JUDGMENT M.L. Bhat, J. - The petitioner seeks a writ of manda nus against the respondents directing them to issue the admission slip for the vocational course in Railway Commercial and grant admission to the petitioner in the said course. 2. The facts of the case may be briefly summarised. 3. The petitioner's case is that she has passed her High School Examination in the year 1991. The respondents had invited applications from the students for Entrance Examination for vocational course in Railway Commercial. The petitioner also had applied for the admission to the said course. She was also issued admit card for the written examination which was to be held on 27-1-1991. The petitioner is said to have appeared in the written examination and qualified for the same and was called for interview also, in terms of letter dated 27-5-1991. The petitioner was declared successful and declaration of her result is contained in Newspaper cutting which is Annexure 4 to the writ petition. 4. The petitioner is said to have appeared in class 10 examination of All India Secondary School Examination 1991. She is said to have obtained 23 marks out of 100 in Social Science subject and she had decided to appear in compartment examination in the said subject. The result of the compartment examination was declared by All India Secondary School 1991. The petitioner was declared successful obtaining 50% marks in the said subject. This is reflected by Annexure-5 which is copy of mark-sheet. It is further stated by the petitioner that there is provision in All India Secondary School Examination for the candidates to improve their Division by opting to appear again in any particular subject in which candidate desires to improve his marks. In the examination which was conducted by the respondents, the petitioner was declared successful and she was issued a letter dated 25-7-190l informing her that she was placed at serial Number 27 of the successful candidates 40 candidates have to be selected and she could fall amongst the 40 candidates in order of merit and she would be required to deposit the necessary fees and requisite papers at the time of admission. She was issued a letter to furnish mark-sheet to her High School Examination. She was issued a letter to furnish mark-sheet to her High School Examination. The petitioner is said to have informed the respondents that since the result of her compartment examination was not declared, therefore she was not in a position to submit her-mark-sheet. As and when the result would be declared she would produce the mark-sheet. The respondents are said to have informed her vide their letter dated 19-8-1991 to submit her mark-sheet by 25-8-1991. The petitioner's father is said to have gone to Gorakhpur and handed over mark-sheet and other requisite papers to the respondents. Till then the petitioner is said to have not received the result of compartment examination officially. She had submitted a certificate issued by the school in which marks obtained by the petitioner in various subjects were mentioned and also the marks of the compartment examination. The said information was received by respondent No. 2's office on 27-8-1991. The petitioner is said to have obtained 50% marks. She had given the details of the marks obtained by her subject wise which is as under : English 71% Hindi 50% Science 44% Social Science 50% Maths 16% 5. It is contended by the petitioner that for the purpose of being declared successful in the Central Board of Secondary Education Examination, the candidate's marks in the best of four subjects are counted and accordingly the petitioner's percentage of marks obtained in 53.50/,. The calculation of percentage was done by excluding the marks obtained by the petitioner in math subject. The respondents are said to have assured the petitioner that she would be issued admit slip and would be required to deposit the requisite fee for the said course. However, the petitioner did not get any information from the respondent No. 2's office. Therefore, her father is said to have gone to Gorakhpur to enquire about the matter. He was informed by respondent No. 2's office that the petitioner was not eligible for admission as she had obtained compartment in one subject. 6. The petitioner's case is that she was required to obtain 50% in High School Examination or equivalent examination. She has got more than 50% marks. The marks obtained in compartment examination are not to be excluded, nor was there any prohibition contained in the advertisement notice that the marks obtain in the compartment examination were not to be considered. 6. The petitioner's case is that she was required to obtain 50% in High School Examination or equivalent examination. She has got more than 50% marks. The marks obtained in compartment examination are not to be excluded, nor was there any prohibition contained in the advertisement notice that the marks obtain in the compartment examination were not to be considered. There was no rule issued by the Recruitment Board for exclusion of the marks obtained in compartment examination. The denial of admission to the petitioner by not recognising the marks obtained by her in compartment examination is void, illegal and against the Rules. Denial of admission to the petitioner is said to be against the principles of natural justice. The petitioner is shown in the merit list. Her position is at Serial number 27 and she can be admitted because there is 40 seats available with the respondents for admission. 7. Counter-affidavit is filed by Shri U.C. Srivastava who is Secretary, Dy. G.M. (G), N.E. Railway, Gorakhpur. He has stated that the facts contained in paras 1 to 7 in the writ petition are admitted. In reply to para 8, he has shown his inability to admit or deny the said para. He has also admitted the contentions of paras Nos. 9 to 12 of the writ petition. The respondents have, however, asserted that eligibility for selection of a candidate in vocational course was 50% marks in aggregate obtained in one sitting of class Xth Examination and not through compartmental or improvement test etc., hence she could not be found fit for final selection. It is contended that the petitioner did not obtain minimum 5c% as aggregate in Class Xth examination as required by advertisement notice dated 20-11-1990 on which the petitioner has relied. It is also contended that the petitioner was required to obtain 50% in aggregate in Class Xth examination and not only in four subjects as alleged by the petitioner. The respondents have denied that any admit card was issued to the petitioner. He stated that the petitioner has not obtained 50% marks in Class Xth examination, therefore, question of sending admit card to her would not arise. The petitioner's eligibility is denied. Nor allegations about any illegality having been committed and violation of principles of natural justice are also denied. 8. He stated that the petitioner has not obtained 50% marks in Class Xth examination, therefore, question of sending admit card to her would not arise. The petitioner's eligibility is denied. Nor allegations about any illegality having been committed and violation of principles of natural justice are also denied. 8. The petitioner has filed supplementary affidavit also in which it is stated that the examination conducted by the respondents relates to the admission to a 2 years course to be conducted by the C.B.S.E. and after completion of the course students could be offered jobs as commercial clerks/Ticket Collector. The entrance examination is not related to the service or services condition of the student. 9. I have heard learned counsel for the parties at length. 10. A preliminary objection is raised by learned counsel for the respondents that the writ petition is not maintainable in the High Court. It was cognisable by the Administrative Tribunal under Administrative Tribunal Act, 1986. It is submitted that the matter raised in the writ petition relates to recruitment to a post which is a service matter, therefore, the High Court has no jurisdiction to hear the matter. The High Court's jurisdiction is excluded by Section 28 of the Administrative Tribunal Act. Section 28 of the Administrative Act reads as under : "Exclusion of jurisdiction of courts except the Supreme Court under Article 136 of the Constitution. - On and from the date from which any jurisdiction, powers and authority becomes exercisable under this Act by a Tribunal in relation to recruitment and matters concerning recruitment to any service or post or service matters concerning members of any Service or persons appointed to any service or post (no court except - (a) the Supreme Court ; or (b) any Industrial Tribunal, Labour Court or other authority constituted under the Industrial Disputes Act, 1947 or any other corresponding law for the time being in force. shall have or be entitled to exercise any jurisdiction, powers or authority in relation to such recruitment or matters concerning such recruitment or such service matters." 11. Reliance was placed on AIR 1987 Andhra Pradesh 230 (Full Bench) K. Naga Raja and others v. The Superintending Engineer, Irrigation Department. The Full Bench of the Andhra Pradesh High Court has held that matters relating to appointment includes not only actual appointment but also earlier process of recruitment. Reliance was placed on AIR 1987 Andhra Pradesh 230 (Full Bench) K. Naga Raja and others v. The Superintending Engineer, Irrigation Department. The Full Bench of the Andhra Pradesh High Court has held that matters relating to appointment includes not only actual appointment but also earlier process of recruitment. The dispute relating recruitment, Administrative Tribunal alone is competent to entertain. On the basis of these observations it is contended by learned counsel for the respondents that the admission sought for vocational training course by the petitioner is a process relating to the recruitment of the employment in Railway service. Therefore, no writ petition will lie as the matter is cognisable by the Administrative Tribunal. 12. From the facts of the case which emerge from the pleadings, the dispute raised in the writ petition is not related to any service or recruitment matter. The petitioner may ultimately be qualified to seek a job in Railways. Basically it is a training course and relates to specialised education for rendering a candidate eligible to seek job through Railway recruitment Board. As per advertisement issued by the Railway Recruitment Board, the vocational course was introduced in selected schools located at Delhi, Bombay, Madras, Calcutta and Gorakhpur. Each of the selected schools was to have one section for the vocational course. The number of students who could be admitted in each school was not to exceed 40. 13. Learned counsel for the petitioner has submitted that as per advertisement a two year job linked vocational course (full time) in "Railway Commercial" at the plus-two-level was introduced for the first time from the academic year 1991-92 as a Pilot Project. The vocational course in Railway Commercial is recognised by the Central Board of Secondary Education. On successful completion of the course the students would normally be appointed directly as commercial clerks/ticket Collectors on the Indian Railways after passing the medical examination etc. subject to their attaining the minimum standars in the two examination. Applications from those candidates who are within the age group of 15 to 18 years and who would be appearing for the 10th class examination of a recognised Board during the current academic year for the admission of the vocational course, were invited. subject to their attaining the minimum standars in the two examination. Applications from those candidates who are within the age group of 15 to 18 years and who would be appearing for the 10th class examination of a recognised Board during the current academic year for the admission of the vocational course, were invited. The course being job linked, on that basis learned counsel for the respondents submits that this is a matter relating to service and for appointment one has to complete the course. Therefore, completion of course is a process which entails in the appointment of a candidate in Railway Commercial. On the basis of the conditions mentioned in advertisement notice, it is stated that the matter involved in the writ petition relates to service. Therefore, the judgement of the Andhra Pradesh High Court, reported in AIR 1987 Andhra Pradesh 230 (supra) is relied upon by learned counsel for the respondents. 14. I have considered the arguments and provisions of Section 28 of the Administrative Tribunal Act as also the authorities of the Andhra Pradesh High Court, referred to above. In my opinion the argument of learned counsel for the respondents is self defeating. The matter involved in the writ petition does not relate to the recruitment to services or to any appointment. The matter relates to grant of admission to seek qualified training which may ultimately help the petitioner in getting a job in Railway Commercial. If the petitioner fails to complete the course or if she leaves the course she cannot be absorbed in the Railway commercial. But her right to seek admission to the said course is distinct from the right which is to be decided by the Administrative Tribunal under Section 28 of the Act. In the advertisement notice, the scope for training course known as vocational course is given and for obtaining admission to such course qualifying marks which would render a candidate eligible for admission is also provided and if the candidate has not obtained the minimum mark his admission is to be refused. In the advertisement notice, the scope for training course known as vocational course is given and for obtaining admission to such course qualifying marks which would render a candidate eligible for admission is also provided and if the candidate has not obtained the minimum mark his admission is to be refused. The only question that falls for consideration in this case is whether the petitioner is eligible for admission in the said course on the basis of percentage of marks in High School examination and whether 50% mark which she was required to obtain in aggregate could not be taken into consideration if the said percentage of mark is obtained in compartment of improvement test. The petitioner's eligibility is to be determined on the basis of her having passed class Xth examination and the percentage obtained in the said examination. Therefore, in my opinion this matter does not fall within the category of service or process of recruitment as contended by learned counsel for the respondents. The preliminary objection raised by learned counsel for the respondents is accordingly overruled. 15. The petitioner has passed High School examination as per bye-laws of the Central Board of Secondary Education. She was required to obtain a grade higher than E in any four out of five subjects of external assessment. This is laid down in Regulation 41.1 of the Regulation of Chapter 7. Under Regulation 44.2 of the Regulation a candidate who has passed the Secondary Examination of the Board but has failed in one subject may reappear in that subject at the compartment Examination to be held in July/August in the same year or in March next year for improvement of his performance. Under the said Regulation it is also provided in terms of sub-clause (IV) of the said Regulation that a candidate appearing for improvement of performance will be issued only Statement of Marks reflecting the marks obtained at the improvement examination in the subject. 16. From the reading of Regulations of Central Board of Secondary Examination it is manifestly clear that there is provision for compartment examination if a candidate fails in one subject. Marks certificate in the said subject is to be issued reflecting the marks obtained in the improvement examination in that subject. 16. From the reading of Regulations of Central Board of Secondary Examination it is manifestly clear that there is provision for compartment examination if a candidate fails in one subject. Marks certificate in the said subject is to be issued reflecting the marks obtained in the improvement examination in that subject. The Regulations of the Board permit a candidate to appear in compartment examination or improvement test and marks certificate can be obtained by the candidate of the said test which would reflect the marks which a candidate has obtained in High Secondary Examination. The marks certificate issued to a candidate has to take into consideration the marks obtained by such candidate in the compartment examination or improvement test. 17. On the basis of the Regulation there was nothing wrong if the petitioner has appeared in compartment examination and improved her marks which marks are to be taken into consideration as a real marks obtained by her in the High School Examination. She was required to pass in four out five subjects under the Regulations. She has successfully done so and marks of the 5th subject in which she is said to have failed need not be taken into consideration. 18. In the advertisement notice also, there is no prohibition for obtaining 50% requisite marks in aggregate in the compartment examination or in the improvement examination. The mode of selection given in the advertisement notice provides amongst other thing that : (1) The Entrance Examination is to consist of a written test of objective type of various papers show in the advertisement notice. (2) The written examination is to be followed by an interview. (3) Students qualifying in the Entrance examination are to be offered admission to vocational course on the basis of merit provided they have passed the 10th Class examination with at least 50% marks in the aggregate and subject to a medical examination. 19. The requirement of obtaining 50% marks in the aggregate in 10th class examination is a condition but this condition is not qualified. There is no prohibition or restriction imposed on a candidate that he cannot get 50% marks in the aggregate in compartment examination or improvement test. 19. The requirement of obtaining 50% marks in the aggregate in 10th class examination is a condition but this condition is not qualified. There is no prohibition or restriction imposed on a candidate that he cannot get 50% marks in the aggregate in compartment examination or improvement test. The contention of the respondents that the petitioner was required to get 50% marks in the regular examination and marks obtained by her in the compartment examination are not taken into consideration, does not appear to be reasonable. It is stated by the respondents that the petitioner had to pass 10th class examination in one sitting in which she must have got 50% in the aggregate. This contention is not supported by any documentary evidence or by advertisement notice. This would also be repugnant to the Regulations of the Central Board of Secondary Examination which permits a candidate to appear in the compartment examination or improvement test if the candidate has failed in one subject and marks obtained by the candidate in the compartment examination are to be reflected in the marks certificate. The marks obtained by the petitioner in the compartment examination are, therefore, to be taken into consideration and on the basis of those marks, she is eligible to seek admission in the vocational course of Railway Commercial at Gorakhpur. 20. It is admitted by the respondents that the petitioner was placed at Serial number 27 of the successful candidates whose number was 40 having regard of seats available in the course. She is refused admission at the last stage only on the ground that she has not obtained 50% marks in one sitting in the High School examination and her marks obtained in the compartment examination are not taken into consideration. The approach of the respondents in this regard seems to be subjective and hyper-technical. She has produced the necessary certificate of the compartment examination which renders her eligible for admission, to the said course as she has obtained more than 50% marks in the High School examination in aggregate. That was the requirement of the advertisement notice and she has fulfilled the requirement. Therefore her admission should not be refused by the respondents after having declared her successful in the entrance test and interview, only on the ground that she has not the requisite percentage of marks in the High School examination. That was the requirement of the advertisement notice and she has fulfilled the requirement. Therefore her admission should not be refused by the respondents after having declared her successful in the entrance test and interview, only on the ground that she has not the requisite percentage of marks in the High School examination. As a matter of fact, it is revealed from the record that she has obtained more than 50% marks in (he High School examination and as per conditions mentioned in the advertisement notice she is eligible for being admitted in the vocational course for which she has already qualified and has been declared successful and placed at Serial number 27 in the merit list. She has been denied admission without any justifications which is against the cannons of justice and against fair play. Respondent's refusal to grant admission is based on material and is unjustified. There were vacant seats to admit the petitioner to the vocational course for which she has been refused admission in violation of law. 21. Accordingly, this writ petition succeeds and is allowed. By a writ of mandamus respondent No. 2 is directed to admit the petitioner in the vocational course in Railway Commercial Gorakhpur and grant her admission on the basis of the result of the said course which was declared by the respondents. It is further declared that the petitioner has passed her 10th Class Examination with more than 50% marks in aggregate. After admitting the petitioner, she should be allowed to complete two years job linked Railway course by respondent No. 2. 22. There will be no order as to costs.