Appointment of Registrar
Appointment of Registrar
The Registrar is a crucial administrative officer in various legal, educational, and corporate institutions, including High Courts, Universities, Companies, and Co-operative Societies. The method of appointment, powers, duties, and removal of a Registrar may differ depending on the relevant law or rules governing the specific institution.
1. Registrar in the Context of Judiciary (e.g., High Courts)
Appointment
The Registrar of a High Court is typically appointed by the Chief Justice of the respective High Court.
The appointment process and service conditions are governed by the High Court rules, framed under Article 229 of the Constitution of India.
Article 229(1): The Chief Justice has the power to appoint officers and servants of the High Court.
Article 229(2): Appointments must conform to conditions of service prescribed by the Chief Justice with the Governor’s approval regarding salaries and allowances.
Key Responsibilities
Supervising administrative work.
Assisting the Chief Justice and judges.
Custodian of court records.
Managing court staff and infrastructure.
Case Law
👉 State of U.P. v. C.L. Agrawal, AIR 1997 SC 2301
Held that the power to appoint or promote staff including the Registrar in the High Court vests in the Chief Justice, and is not subject to interference by the state government.
👉 High Court of Judicature for Rajasthan v. Ramesh Chand Paliwal, (1998) 3 SCC 72
Emphasized that administrative control over High Court staff, including the Registrar, lies solely with the High Court, ensuring judicial independence.
2. Registrar in the Context of Universities
Appointment
Governed by the respective University Acts and Statutes.
Typically, the Vice-Chancellor appoints the Registrar with the approval of the Executive Council or Board of Management.
The appointment is generally on a tenure basis (e.g., 5 years) and is made through a selection committee process.
Key Responsibilities
Acts as the custodian of records and common seal.
Conducts university elections.
Handles student admissions, affiliations, and exams.
Acts as the secretary to statutory bodies like the Senate, Syndicate, Academic Council, etc.
Case Law
👉 Dr. J.N. Dubey v. Chancellor, University of Allahabad, AIR 1986 All 254
Held that the appointment of the Registrar must follow the procedure laid down in the University statutes. Any deviation renders the appointment void.
👉 Sambhu Nath Goyal v. Bank of Baroda, AIR 1984 SC 289 (though related to employment law, reiterates procedural fairness in appointments, indirectly applicable to university appointments).
3. Registrar under Companies Act (Registrar of Companies - RoC)
Appointment
Appointed by the Central Government under Section 396 of the Companies Act, 2013.
They are officers of the Ministry of Corporate Affairs and are usually drawn from the Indian Corporate Law Service (ICLS).
Key Responsibilities
Registration of companies and LLPs.
Ensuring compliance with Companies Act provisions.
Inspecting company documents.
Prosecuting companies for violations.
Case Law
👉 Registrar of Companies v. Hari Krishan Das, AIR 1952 Punj 213
Established the statutory authority of the Registrar under company law and his power to refuse registration if conditions are not met.
👉 Union of India v. Madras Bar Association, (2010) 11 SCC 1
Discussed the powers of authorities like Registrar under various regulatory statutes including Companies Act, ensuring they operate under constitutional limits.
4. Registrar in Co-operative Societies
Appointment
Appointed under the respective State Co-operative Societies Act or Multi-State Co-operative Societies Act, 2002.
The State Government or Central Government appoints a Registrar who is usually a senior officer in the Co-operative Department.
Key Responsibilities
Registering and supervising co-operative societies.
Auditing accounts.
Ensuring compliance with cooperative principles.
Adjudicating disputes under Section 70 of some Acts.
Case Law
👉 Thalappalam Service Coop. Bank Ltd. v. State of Kerala, (2013) 16 SCC 82
Held that Co-operative Societies are not public authorities under RTI unless substantially funded by the state, but the Registrar’s role was highlighted as a statutory functionary supervising such societies.
👉 S.S. Rana v. Registrar, Co-operative Societies, AIR 1991 Del 122
Clarified the quasi-judicial powers of the Registrar in dispute resolution between societies and members.
Conclusion
The Registrar plays a vital role in ensuring the administrative efficiency and legal compliance of institutions. The mode of appointment depends on the legal framework applicable to the specific context—be it judicial, educational, corporate, or cooperative. Across all fields, courts have consistently upheld that the procedural propriety, statutory compliance, and independence of the office of Registrar must be maintained.
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