PUNJAB UNIVERSITY PATIALA Vs. M R GARG

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel for the parties. Considering the resolution passed by the Syndicate on 23/3/1992 authorising the Registrar of University to defend cases instituted against the University and to file suits in the law courts on behalf of the University except in regard to examination matters and also authorising the Registrar to sign and verify the plaint, written statements, petitions, applications, replications and appeals etc. and to do all acts necessary for the prosecution of the cases and also considering the provisions of Section 9-B (3 (f) of the Punjab University Act, 1961 indicating therein that the Registrar is authorised to perform such other duties from time to time as may be assigned to him by the Syndicate, we are of the view that the appeal preferred by the Registrar against the decision of the trial court in the suit instituted by the respondent against the University, was maintainable. Such appeal preferred by the University through the Registrar should not have been rejected on the ground of being non maintainable. We, therefore, set aside the impugned order of the High court dismissing the appeal on the ground of being not maintainable without considering the appeal on merits. Our attention has, however, been drawn by the learned counsel appearing for the respondent that in the appeal preferred by the respondent, the lower appellate court had considered the case on merits and had come to the finding that the issues answered by the trial court were justified. It appears to us that in view of such finding of the lower appellate court in the appeal preferred by the Respondent it will be only proper that the Syndicate of the University should take into consideration whether it will be just and proper for the University to proceed with the appeal preferred by the University even though such appeal is maintainable in law as indicated by us. Let such decision be taken by the Syndicate within two months from the date of the communication of this order. If thesyndicate takes the decision to proceed with the appeal, such appeal should be considered by the High court on merits.

(3.) The appeal is accordingly disposed of.