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Learned counsel for the applicant/appellant is directed to bring on record the resolution passed by the Board of Directors of the NIPER to withdraw the appeal.

Adjourned to 19.03.2019."

2 of 9 Order dated 19.03.2019 is also reproduced hereunder:-

"Mr.K.K.Gupta, Advocate has submitted that as per Section 18(4) of the National Institute of Pharmaceutical Education and Research (for short NIPER) Act, 1988, the Registrar has the jurisdiction to exercise such powers and perform such other duties as may be assigned to him by this Act or the Statutes or the Director. In this regard, he has referred to Clause 14(i) of National Institute of Pharmaceutical Education and Research (NIPER) to contend that the powers is exercised by the Registrar not through the Board of Governors but under this Statute.

Learned counsel for respondent No.3 has prayed for an adjournment on the ground that arguing counsel Mr. Rajiv Atma Ram is in personal difficulty today.

Adjourned to 05.04.2019."

The controversy has thus boiled down to determine as to whether the application filed at the instance of the NIPER through Registrar for the purpose of withdrawal of the appeal is maintainable without there being any permission by the Board of Governors. Learned counsel for the respondent has questioned the authority of the Registrar to file the application to withdraw the appeal in the absence of any resolution having been passed by the Board of Governors of the NIPER.

"8(1) Subject to the provisions of this Act, the Board shall be responsible for the general superintendence, direction and control of the affairs of the Institute and shall exercise all the powers not otherwise provided for by this Act, the Statutes and the Ordinances, and shall have the power to review the acts of the Senate."

Learned counsel for respondent No.3 has submitted that the Registrar does not have the power to file an application for withdrawal of the appeal as the power would vest with the competent authority i.e. Board of Governors and in the absence of any resolution having been passed by the Board of Governors, the power exercised by the Registrar is patently illegal. In support of his submission, he has referred to the judgment of this court rendered in the case of National Institute of Pharmaceutical Education & Research (NIPER) and another versus Chairman, Board of Governors, NIPER, Mohali and others, i.e. CWP No.15608 of 2018 decided on 12.09.2018. He has also submitted that the Registrar, at the most has the power and competence to represent the NIPER but he does not have the competence and jurisdiction to take a decision either to file the litigation on behalf of the NIPER or withdraw the same. In support of his submission, he has referred to the following judgments:-

While referring to the judgments relied upon by counsel for respondent No.3, in the case of NIPER and another cited (supra), the NIPER had filed a writ in the nature of certiorari for seeking quashing of the ex parte order dated 14.06.2018 by which respondent No.1-Chairman 6 of 9 of the Board of Governors had set-aside the order dated 13.06.2018 passed by the Director NIPER, suspending the respondent No.3 herein. In the said petition, the maintainability of the writ petition filed at the instance of NIPER through the Director and Director of the NIPER was challenged on the ground that the Director had not been authorized by the Board of Governors to maintain the writ petition against the order passed by the Chairman of the Board of Governors. In the said writ petition, Clause 14(i) of the Statutes was pressed into service by respondent No.3 and this court had held that jurisdiction vest with the Registrar of the NIPER to represent the NIPER(Institute) and it does not vest with the Director at all. In the present case, however, the facts are altogether different because in this case the petition has been filed by the NIPER through the Registrar, who is representing the NIPER (Institute) before this court while challenging the order of the learned Single Judge by which the appointment of respondent No.3 herein as the Registrar of the NIPER was set aside.