Ramesh Ranganathan, J

1. This writ petition is filed questioning the office order dated 3.4.2018, directing listing of writ petitions, relating to counseling/admissions into MBBS/BDS courses which are already filed and pending and which are likely to be filed during the current academic year, before a Division Bench of this Court as arbitrary, illegal, and contrary to Rule 14 of the Writ Proceedings Rules of the High Court, and the judgment of the Supreme Court in Asha Vs. PT. B.D. Sharma University of Health Sciences and others, (2012) 7 Supreme Court Cases 389. A consequential direction is sought to set aside the same in the interest of justice.

The Supreme Court, in Asha, (supra), observed:-

“……..We are not oblivious of the fact that the Hon'ble Judges of the High Court are working under great pressure and with some limitations. However, we would still make a request to the Hon'ble Chief Justices of the respective High Courts to direct listing of all medical admission cases before one Bench of the Court as far as possible and in accordance with the Rules of that Court. It would further be highly appreciable if the said Bench is requested to deal with such cases within a definite period, particularly during the period from July to October of a particular year. We express a pious hope that our request would weigh with the Hon'ble Chief Justices of the respective High Courts as it would greatly help in serving the ends of justice as well as the national interest…..”

(emphasis supplied).

2. By its order in Asha, (supra), the Supreme Court requested the Chief Justices of the respective High Courts to direct listing of all medical admission cases, as far as possible, before one Bench of the High Court, and in accordance with the Rules of that Court; and that the said Bench be requested to deal with such cases within a definite period, particularly during the period from July to October of a particular year, as it would greatly help in serving the ends of justice as well as national interest.

3. Since cases, relating to medical admissions, are required to be heard by one bench, that too during the period from July to October of each year, such matters were directed to be listed before a Division Bench of this Court. The complaint in this writ petition is that the Supreme Court, in Asha, (supra), has opined that constitution of Benches should be in accordance with the rules; Rule 14 (a) of the Writ Proceedings Rules of the High Court requires these matters only to be heard by a Single Judge; the office order dated 03.04.2018, whereby all such matters are directed to be listed before a Division Bench, is therefore illegal; writ petitions, relating to counselling/admissions into MBBS/BDS courses, should be listed only before a Single Judge of this Court, and not before a Division Bench; the petitioner’s right of an intra-court appeal would be lost, if the matter is directly heard by a Division Bench, instead of a Single Judge; and the officer order, whereby all these matters were directed to be listed before a Division Bench, should be quashed.

4. Rule 14(a) of the Writ Proceedings Rules, 1977, as it stood prior to its amendment by Roc.No.1967/SO/2015, read thus:-

The following petitions shall be heard by a Bench of two Judges,

(i) Petitions for a writ in the nature of Habeas Corpus:

(ii) Petitions relating to Elections under the Representation of the People Act, 1951

(iii) Petitions relating to Income-tax, Gift-tax, Wealth-tax, Estate duty, Sales-tax and Excise Acts and other Allied Acts (State and Central Taxation Cases)

(iv) Petitions relating to matters coming within the purview of:-

A.P. Land Grabbing (Prohibition) Act, 1982.

Administrative Tribunals Act, 1985.

A.P Lokayukta & Upa - Lokayukta Act, 1983 and

The Consumer Protection Act, 1986.”

5. Rules 14 (b) required all other petitions to be posted before a Single Judge.

6. The Writ Proceedings Rules, 1977 were amended by Roc. No.1967/SO/2015, and notified in Notification No. 30/SO/2015. T