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(4) the case involving a dispute in relation to an administrative contract;
(5) the case prescribed by law to be submitted to the Court by an administrative agency or State official for mandating a person to do a particular act or refraining therefrom;
(6) the case involving a dispute in relation to the matters prescribed by the law to be under the jurisdiction of Administrative Courts. The following matters are not within the jurisdiction of Administrative Courts:
(1) action concerning military disciplines;
(2) action of the Judicial Commission under the law on judicial service;
(3) the case within the jurisdiction of the Juvenile and Family Courts, Labour Courts, Tax Courts, Intellectual Property and International Trade Courts, Bankruptcy Courts or other specialised Courts.

Section 10. Administrative Courts of First Instance have the competence to try and adjudicate cases within the jurisdiction of Administrative Courts except the cases falling within the jurisdiction of the Supreme Administrative
Court.

Section 11. The Supreme Administrative Court has the competence to try and adjudicate the following cases:
(1) the case involving a dispute in relation to a decision of a quasijudicial council as prescribed by the general assembly of the judges of the Supreme Administrative Court;
(2) the case involving a dispute in relation to the legality of a Royal Decree or by-law issued by the Council of Ministers or with the approval of the Council of Ministers;
(3) the case prescribed by the law to be within the jurisdiction of the Supreme Administrative Court;
(4) the case in which an appeal is made against a judgment or order of an Administrative Court of First Instance.

CHAPTER II
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Section 12. In the Supreme Administrative Court, there shall be administrative judges of the following positions:
(1) President of the Supreme Administrative Court;
(2) Vice President of the Supreme Administrative Court;
(3) Senior Judges of Divisions of the Supreme Administrative Court;(4) Judges of the Supreme Administrative Court; Provided that the number thereof shall be prescribed by the J.C.A.C. with the approval of the House of Representatives and the Senate.

Section 13. The person eligible for appointment as a judge of the Supreme Administrative Court shall have the following qualifications:
(1) being of Thai nationality;
(2) being not lower than forty five years of age;
(3) being qualified in the fields of law, political science, public administration, economics, social science or in the administration of State affairs in accordance with the rules prescribed by the J.C.A.C.; and
(4) having one or more of the additional qualifications as follows:
(a) being or having, in the past, been a Law Councillor, Petition Councillor or Councillor of State;
(b) serving or having, in the past, served in a position not lower than Senior Judge of a Division of an Administrative Court of First Instance;
(c) serving or having, in the past, served in a position not lower than that of judge of the Supreme Court of Justice or its equivalent or Judge of the Supreme Military Court;
(d) serving or having, in the past, served in a position not lower than that of Regional Chief Public Prosecutor or its equivalent;
(e) serving or having, in the past, served in a position not lower than that of Director-General or its equivalent or other equivalent position in a State agency as prescribed by the J.C.A.C.;
(f) being or having, in the past, been a lecturer in law, political science, public administration, economics, social science or in the subject related to the

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administration of State affairs in a higher education institution and holding or having, in the past, held the position of Professor or Honorary Professor;
(g) being or having, in the past, been an attorney for not less than twenty years with experience in administrative cases in accordance with the rules prescribed by the J.C.A.C.

Section 14. A judge of the Supreme Administrative Court shall not be under the following prohibitions during the currency of the office:
(1) being any other government official holding a permanent position or receiving salaries;
(2) being an official or employee of a State agency or of any person;
(3) being a person holding a political position, member of a local assembly, local administrator, director or holder of a position responsible for the administration of a political party, member of a political party or official of a political
party;
(4) being a director of a State enterprise;
(5) being a director in a State agency unless the J.C.A.C.'s approval has been obtained;
(6) being a director, manager or consultant or holding any other position of similar nature of work in a partnership or company;
(7) being an attorney or engaging in any other occupation or profession or holding any position or carrying out any activity which is incompetent with the performance of duties as specified in the regulation prescribed by the J.C.A.C.

Section 15. The J.C.A.C. shall consider and select persons with qualifications under section 13 and with suitability for appointment as judges of the Supreme Administrative Court and shall then present the list of nominated persons to the Prime Minister, and the Prime Minister shall submit such list to the Senate within fifteen days as from the date of the receipt thereof. Upon its approval, the Prime Minister shall tender it to the King for royal appointment. The J.C.A.C. shall consider and select one judge of the Supreme Administrative Court as President of the Supreme Administrative Court and shall submit the nomination to the Prime Minister, and the Prime Minister shall submit it to the Senate within fifteen days as from the date of the receipt of the nomination. Upon its approval, the Prime Minister shall

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tender it to the King for royal appointment. In making appointment of any judge of the Supreme Administrative Court as Vice President of the Supreme Administrative Court and Senior Judge of each division of the Supreme Administrative Court, the J.C.A.C. shall make the selection and the Prime Minister shall further tender it to the
King for royal appointment. The procedure for the selection of the President of the Supreme Administrative Court, Vice President of the Supreme Administrative Court, Senior judge of a division of the Supreme Administrative Court and a judge of The Supreme Administrative Court shall be in accordance with the regulation prescribed by the J.C.A.C. with the approval of the general assembly of judges of the Supreme Administrative Court.

Section 16. Any person approved by the Senate to hold office as a judge of the Supreme Administrative Court who is under the prohibition under section 14 shall resign from the position to which the prohibition relates or shall present to the Prime Minister convincing evidence indicating the cessation of the occupation, profession or any act falling under such prohibition within fifteen days as from the date the Senate gives the approval.

Section 17. In each Administrative Court of First Instance, there shall be the following positions of administrative judges:
(1) Chief Justice of the Administrative Courts of First Instance;
(2) Deputy Chief Justice of the Administrative Courts of First Instance;
(3) Senior Judge of a Division of the Administrative Court of First Instance;
(4) Judge of the Administrative Court of First Instance; Provided that the number thereof shall be prescribed by the J.C.A.C. with the approval of the House of Representatives and the Senate.
Section 18. The person eligible for appointment as a judge of an Administrative Court of First Instance shall have the following qualifications:
(1) being of Thai nationality;
(2) being not lower than thirty five years of age;
(3) being qualified in the fields of law, political science, public administration, economics, social science or in the administration of State affairs in accordance with the rules prescribed by the J.C.A.C.; and

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(4) having one or more of the additional qualifications as follows:
(a) serving or having, in the past, served as a petition commissioner or secretary to Law Councillors in the Office of the Council of State for at least three years;
(b) serving or having, in the past, served for at least three years in a position of administrative court official of the class prescribed by the J.C.A.C.;
(c) serving or having, in the past, served for at least three years in a position not lower than judge of the Civil Court or Criminal Court or its equivalent or judge of the Central Military Court;
(d) serving or having, in the past, served for at least three years in a position of Provincial Public Prosecutor or its equivalent;
(e) serving or having, in the past, served for at least three years in a position not lower than Level-8 government official or other equivalent position in a State agency, as prescribed by the J.C.A.C.;
(f) being or having, in the past, been a lecturer in law, political science, public administration, economics, social science or in the subject related to the administration of State affairs in a higher education institution and holding or
having, in the past, held a position not lower than Associate Professor or Honorary Associate Professor for at least three years;
(g) having graduated with a master degree in public law and serving in a State agency for at least ten years since the graduation at that level, or having graduated with a doctoral degree in public law and serving in a State agency for at
least six years since the graduation at that level;
(h) being or having, in the past, been an attorney for not less than twelve years with experience in administrative cases in accordance with the rules prescribed by the J.C.A.C. The provisions of section 14 and section 16 shall apply mutatis mutandis to judges of an Administrative Court of First Instance.

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