Brijesh Kumar, J. - (1.)The above noted appeals since involve the same question for consideration, they have been heard together and they are being disposed of by this common judgment.
(2.)The respondent-Dr. V. N. Tripathi, filed a Civil Suit No. 148/13-8-1986 against the Punjab University, Chandigarh, through its Registrar and Shri R. P. Bumba, the Vice-Chancellor of Punjab University, as the defendant. The suit was decreed on 22-2-1991, declaring that the decision of the Punjab University saying that the post of the plaintiff in the Department of Mathematics as Lecturer was vacant w.e.f. 28-11-1985, was wrong and bad in law. The plaintiff was to continue in service with consequential benefits. The Senate of the University was however, left with the option to take any action in the matter afresh in accordance with law. So far, the respondent-Smt. Shimla Devi is concerned, she had also filed a Civil SUit No. 220 of 1984 which was decreed by Sub-Judge 1st Class, Chandigarh on 27-3-1985 quashing the order of dismissal of her services and she was to be deemed to be in service of the Punjab University with all consequential benefits. Punjab University through Registrar was impleaded as the defendant in the suit.
(3.)In both the matters/aforesaid, appeals against the judgments and decrees of the trial Court were preferred by the Punjab University. The respondents took an objection against the filing of the appeal on the ground that the Registrar of the Punjab University was not authorised or competent to file the appeals, in absence of any decision taken by the Senate of the University. The objections, as raised by the respondents had been upheld in both the appeals, by the first Appellate Court. The appeals were therefore, dismissed on the same ground. The Punjab University thereafter preferred regular second appeals before the High Court, they also met the same fate. The appeals have been dismissed on the ground that they had been filed by the Registrar, who was not competent to file the same, hence, the merits were not considered by the Appellate Courts. Regular Second Appeal No. 647 of 1996 was filed by the Punjab University in the case of Dr. V. N. Tripathi which was dismissed on 27-3-1996. The appeal namely (RSA) Regular Second Appeal NO. 646 of 1996 in the case of Shimla Devi was dismissed on 5-9-1997 inter alia referring to the judgment dated 27-3-1996 in the case of Dr. V. N. Tripathi. The point for consideration before us is as to whether the Registrar was competent to file the appeals without any decision of the Senate of the University to that effect; or not.