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Prevention of Corruption Act, 1988: s.2(c)(xi) – DeemedUniversity – Whether Deemed University is not covered under theprovisions of PC Act – Held: The object of the PC Act is not only toprevent the social evil of bribery and corruption, but also to makethe same applicable to individuals who might conventionally not beconsidered public servants – The purpose under the PC Act is toshift focus from those who are traditionally called public officials,to those individuals who perform public duties – Keeping the samein mind, it cannot be stated that a “Deemed University” and theofficials therein, perform any less or any different a public duty,than those performed by a University simpliciter, and the officialstherein – Therefore, a “Deemed University” is not excluded fromambit of term “University” u/s.2(c)(xi) of the PC Act.G Prevention of Corruption Act, 1988: s.2(c) – Public servant,definition of – Held: The language of s.2(b) of the PC Act indicatesthat any duty discharged wherein State, the public or community atlarge has any interest is called a public duty – The first explanationto s.2 further clarifies that any person who falls in any of thecategories stated under s.2 is a public servant whether or notappointed by the government – The second explanation furtherexpands the ambit to include every person who de facto dischargesthe functions of a public servant, and that he should not be preventedfrom being brought under the ambit of public servant due to anylegal infirmities or technicalities.Prevention of Corruption Act, 1988: ss.7, 8, 10, 13(1)(b) and13(2) – Charge sheet against respondent, trustee in a DeemedUniversity specifically disclosing that he allegedly was collectingcertain extra amount over the prescribed fees on the pretext ofallowing the students to fill up their examination forms – In thecomplaint, it was alleged that the respondent had demanded Rs.20Lakhs to be paid to the co-accused, failing which the daughter ofthe complainant would not be permitted to appear in the examination– Held: Plea taken by respondent was that he was a trustee of the“Sumandeep Charitable Trust” and has no connection with the“Sumandeep University” – Courts below failed to analyze theconnection between the trust and the University, as well as therelationship of the respondent with the university – Prima facie, agrave suspicion is made out that the respondent was rendering hisservice by dealing with the students and the examination aspect ofthe University – But a detailed appreciation of evidence is calledfor before one can reach a conclusion as to the exact position ofthe respondent vis-à-vis the University – Jurisdiction of Court withregards to s.227 is limited and should not be exercised by conductingroving enquiries on the aspect of factual inferences – Trial courtdirected to proceed with the case expeditiously – Code of CriminalProcedure, 1973 – s.227.Interpretation of Statutes: Extension of technical definitionsused under one statute to the other statute – Held: Technicaldefinitions under one statute should not be imported to anotherstatute which is not in pari materia with the first – The UGC Act andthe PC Act are enactments which are completely distinct in theirpurpose, operation and object – The preamble of the UGC Act statesthat it is ‘an Act to make provision for the co-ordination anddetermination of standards in Universities, and for that purpose, toestablish a University Grants Commission’ – On the other hand, thePC Act is an enactment meant to curb the social evil of corruptionin the country – As such, the extension of technical definitions usedunder one Act to the other might not be appropriate, as the two Actsare not in pari materia with one another – Prevention of CorruptionAct, 1988 – University Grants Commission Act, 1956.University Grants Commission Act, 1956 – Per Ajay Rastogi,J. (Supplementing) – Deemed University – “University” under s.2(f)of the UGC Act is established either in the Central Act, a ProvincialAct or a State Act – At the same time, such of the institutions forhigher education other than the University created under thestatutory enactment, after being declared by the Central Governmentby notification in the Official Gazette, shall be deemed to beuniversity for the purposes of this Act and all provisions of theUGC Act shall apply to such institutions as if it were a universitywithin the meaning of clause (f) of s.2 of the Act – By introductionof s.2(c)(xi) of the Act, 1988, any person or member of anygoverning body with whatever designation called of any universityhas been included in the definition of “public servant” and anyuniversity includes all universities regardless of the fact whether ithas been established under the statute or declared deemed to beuniversity under s.3 of the UGC Act – No distinction could be carvedout between the university and deemed to be university so far itrelates to the term ‘public servant’ as defined under s.2(c) (xi) ofthe Act1988 – In construing the definition of ‘public servant’ inclause (c) of s.2 of the Act 1988, the Court is required to adopt anapproach as would give effect to the intention of the legislature –The legislature has, intentionally, while extensively defining the term‘public servant’ in clause (c) of s.2 of the Act and clause (xi) inparticular has specifically intended to explore the word‘any’ whichincludes all persons who are directly or indirectly activelyparticipating in managing the affairs of any university in any manneror the form – In this context, the legislature has taken note of ‘any’person or member of “any” governing body by whatever designationcalled of “any” university to be termed as ‘public servant’ for thepurposes of invoking the provisions of Act 1988 –The question forconsideration is the term ‘any’ university in the broader spectrumto curb corruption in the educational institutions as referred to unders.2(c)(xi) of Act 1988 and the legislature in its wisdom has referredto the word “any university” which clearly mandates the universityreferred to and controlled by its statutory mechanism referred tounder s.2(f) and deemed to be university under s.3 of the UGC Act– Prevention of Corruption Act, 1988 – s.2(c)(xi). |
