PUNJAB UNIVERSITY versus V.N. TRIPATHI AND ANR.

Citation: [2001] SUPP. 2 S.C.R. 280 · Decided: 28-08-2001 · Supreme Court of India · Bench: S. RAJENDRA BABU · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
B 
c 
PUNJAB UNIVERSITY 
V. 
V.N. TRIPATHI AND ANR. 
AUGUST 28, 2001 
[S. RAJENDRA BABU AND BRIJESH KUMAR, JJ.] 
Universities : 
Punjab University Act, 1947 : 
Section 21-Scope of-University-Registrar-Power to initiate legal 
proceeding-Held, decision to initiate legal proceeding should be taken by 
competent authority-Registrar cannot initiate proceedings of his own-Held 
action taken by Registrar was without authority-Action of Registrar 
D subsequently ratified by Senate of University--Held ratification relates back 
to time when action was taken without authority-Refusal to examine the 
matter on merits despite the ratification would not serve the ends of justice-
Hence matters remanded to First Appellate Court for decision on merits. 
In legal proceedings between the Appellant-University and the 
E Respondents, the Registrar of University preferred appeals against the 
judgment§ and decrees of Trial Court. The Respondent's objection that in 
the absence of any decision taken by the Senate of the University the Registrar 
was not competent to file the appeals was upheld by the Appellate Court. 
Appeals preferred by University were also dismissed by High Court which 
held that the Registrar was not competent to file appeals. In appeal to this 
F Court it was contended on behalf of the Appellant-University that (i) in view 
of the provisions contained in Section 21 of the Punjab University Act, 1947 
the Registrar was competent to file appeals and (ii) as a result of the Resolution 
passed on 29.2.1991 by the Senate of the University the action of the ~egistrar 
in filing the appeals stand ratified. 
G 
Allowing the appeals, the Court 
HELD : I. The courts below have rightly not accepted the contention 
of the Appellant-University that the Registrar as an in-charge of the 
Administration represents the University in all legal proceedings. The 
H Registrar under Section 21 of the Punjab Universities Act, 1947 is authorised 
280 
PUNJAB UNIVERSITYv. V.N. TRIPATHI 
281 
to represent the University in all legal proceedings, except where there is a A 
decision of the Senate to the contrary. It does not mean ·that he enjoys the 
authority to institute any suit or appeal or any other legal proceedings at his 
own. The decision to initiatl' any legal proceedings has to be taken by the 
authority competent to do so and thereafter in such proceedings, for or against 
the University, Registrar would represent the University. While representing B 
the University, it would be open to the Registrar to take all incidental steps 
necessary for prosecution of the proceedings, but Section 21 cannot be relied 
upon by the University to contend that the Registrar would be entitled to 
initiate the legal proceedings at his own. (283-D, E, F) 
2. The resolution dated 29.9.1991 passed by the Senate of the University C 
is in two parts. The first part deals with the delegation of the powers to the 
RegistrarNice-chancellor authorising them to sue or file an appeal under 
regulation 10.2 of the Regulations of the Punjab University. The other part 
pertains the suits or appeal which have already been filed by the Register/ 
Vice-chancellor i.e. to say, the act of the filing of the appeals has been ratified. 
In this background if the Registrar filed the appeal, against the decision of D 
the Trial Court, which had gone against the Punjab University ihough strictly 
speaking exceeded his authority, but his action in having filed the appeals was 
later on ratified by the competent authority by resolution dated 29.9.1991. 
1285-B, C, E) 
3. There is no substance in the submission made on behalf of the E 
respondent that the ratification came very late. ft would not have any material 
bearing on the fact of ratification of the action of the Registrar in filing the 
appeals. The ratification has the effect of relating back to the time when the 
action was taken without authority. Despite the ratification by the competent 
authority, refusal to examine the matter on merits, would in no way serve F 
the ends of justice. Consequently, the matters are remanded to the respective 
First Appellate Courts for decision on merits. (285-G, H; 286-A) 
Marathwada University v. Sesh Rao Ba/want Rao Chauhan, 11989] 3 SCC 
page 132, distinguished. 
Jugraj Singh v. Jawant Singh, AIR 11971) SCC 761, referred to. 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 9814 of 
1996. 
G 
From the Judgment and Order dated 27.3.96 of the Punjab and Haryana H 
282 
SUPREM

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