Division bench of High Court can't be bypassed: Supreme Court on appeal against single-judge verdict before it

The Supreme Court on Monday criticised a party for bypassing the jurisdiction of the division bench of the Orissa High Court and directly challenging the judgment passed by a single-judge in the apex court [The Registrar, Orissa University of Agriculture and Technology and Another v. API Dangua and Others]..A Bench of Justices PV Sanjay Kumar and Augustine George Masih said,"I and my brother are very clear that we cannot allow such procedural bypass. If we allow it in your case, we would have to allow it everywhere.".The Court was hearing an appeal preferred by the Registrar of the Orissa University of Agriculture and Technology challenging a 2023 order passed by the single-judge of the High Court which had directed it to consider regularisation of the services of Class IV employees at the University.This was not the first round of litigation in the case. Earlier, a single-judge in 2021 had directed the appellants to consider regularising the services of the employees. This was challenged by the appellants before a division bench, which remanded the matter to a single-judge for fresh consideration. On May 3, 2023, the single-judge ruled against the present appellants.Instead of filing an appeal before the division bench, the appellants directly approached the apex court..On January 12 this year, a Bench of Justices PS Narasimha and Aravind Kumar had issued notice on the appeal and stayed the contempt proceedings initiated against the appellants for not regularising the services of the respondent employees..When the matter was taken up on Monday, the Court prima facie expressed its inclination to dismiss the appeal."Can division bench of High Court be bypassed and an appeal against judgment of Single-judge directly lie before the Supreme Court? This is the second round of litigation and now when the single-judge had ruled against you on merits, you thought to come directly to us and no to division bench of High Court," Justice Kumar questioned Advocate Naveen Kumar, appearing for the appellantes.Kumar responded that notice was issued by another bench in this matter.However, Justice Kumar was quick to respond,"This is a different bench and you should have expected our questions...It is sad that the earlier bench didn't record any reasons, but we are very clear...".On a request made by Advocate Kumar for posting the matter after the vacation, the Court ordered the matter to be listed in July. It also directed for the interim protection to the appellants to continue till next hearing..[Read Live Coverage]