The Registrar of the University cannot file an appeal without a resolution passed by the Syndicate authorizing him to do so.

N.K.Kapoor, J.

1. This is defendants regular second appeal.

2. Plaintiff a Reader in the Law Department, Punjabi University, Patiala, challenged the rejection of representation vide letter dated 19.9.1989 with a further prayer that he is entitled to considered for the post of Professor as per his application and by way of interim injuction prayed that till the case of the plaintiff is considered and decided by the university as per rules and regulations by calling for the interview, one vacancy of Professor lying vacant be not filled up.

3. The university contested the case on a number of grounds which need not be given in detail as the present controversy relates to determination whether the Registrar of University was competent to file appeal without their being any formal resolution of the Syndicate as the appeal was dismissed by the Additional District Judge on this ground as well.

4. An objection was raised by the respondent- plaintiff that the appeal filed by the University was not maintainable as the same had not been filed by the competent person. There was no resolution of the Syndicate authorising the Registrar to file the appeal.

5. The appellant relied upon the proceedings of the Syndicate dated 23.1.1970 for the view that the Registrar had been authorised to defend the suit for and on behalf of the University and so the appeal filed by the Registrar was competent.

6. The Lower appellant court after carefully examining the contentions raised and on relying upon the judicial pronouncements of this Court held that the appeal filed by the University was not maintainable and so dismissed the same

7. At the motion hearing counsel placed reliance upon the decision of this Court in case reported as The Morinda Co-operative Sugar Mills Limited Morinda through its Managing Director v. Khem Singh and Ors., (1989-2)96 P.L.R.665 for the proposition that the facts of each case have to be examined before rejecting the appeal for want of proper resolution by the Board/University and notice of motion was issued to the respondent who has put in appearance.

8. Defending the filing of appeal by the Registrar, the learned counsel for the appellant placed reliance upon the resolution dated 23.1.1970 vide which the Registrar has been specifically authorised to defend the cases instituted against the University and file suits in the Court on behalf of the University. According to this resolution, the Registrar has also been authorised to sign and verify the plaint, written statements, petitions, applications and appeals etc. and do all such acts necessary for the prosecution of the cases. So, in view of this resolution dated 23.1.1970 vide which the Registrar has been specifically authorised to do all acts necessary for the prosecution of cases will automatically including the filing of appeal as well and so the appeal filed by the Registrar even without a resolution by the Syndicate or by any other competent authority was perfectly valid and so the additional District Judge erred in dismissing the appeal primarily on this ground. Elaborating the counsel made reference to the other provisions contained in the Calendar of Punjabi University (Volume I) wherein the Registrar has been authorised to perform such other duties as may from time to time be assigned to him by the Syndicate and to exercise all such and discharge his duties under the overall control of the Syndicate. It was thus argued that vide resolution dated 23.1.1970 and other relevant provisions as given in the Calendar of the University authorises the Registrar to exercise such other powers without any formal resolution by the Syndicate. The case when examined in the light of these provisions leaves no manner of doubt that the Registrar was competent to file appeal against the judgment and decree of the trial Court. Lastly, he submitted that each case has to be examined on its facts i.e. whether separate resolution is required for filing appeal or not and so the relia