The point of contention relates to whether a deemed University would be included within the ambit of the PC Act, particularly Under Section 2(c)(xi) of the same, where the word used is "University". The learned senior Counsel for the Appellant-State submits that the word "University" as used in Section 2(c)(xi) of the Act, must be purposively interpreted. An institution which is "deemed to be a University" under the University Grants Commission Act, 1956 [UGC Act] plays the same role in society as a "University". These institutions have the common public duty of granting degrees, which are ultimately qualifications recognized in society. As such, an institution which is "deemed to be University", such as the institution in the present case, is included within the ambit of the term "University" used under the Act.
34. On a perusal of Section 2(c) of the PC Act, we may observe that the emphasis is not on the position held by an individual, rather, it is on the public duty performed by him/her. In this regard, the legislative intention was to not provide an exhaustive list of authorities which are covered, rather a general definition of 'public servant' is provided thereunder. This provides an important internal evidence as to the definition of the term "University".
42. Under the UGC Act, University is defined and recognized Under Section 2(f) in the following manner:
University" means a University established or incorporated by or under a Central Act, a Provincial Act or a State Act, and includes any such institution as may, in consultation with the University concerned, be recognized by the Commission in accordance with the Regulations made in this behalf under this Act.
43. A 'deemed to be University' is recognized Under Section 3 of the UGC Act, in the following manner:
Application of Act to institutions for higher studies other than Universities
3. The Central Government may, on the advice of the Commission, declare by notification in the Official Gazette, that any institution for higher education, other than a University, shall be deemed to be a University for the purposes of this Act, and on such a declaration being made, all the provisions of this Act shall apply to such institution as if it were a University within the meaning of Clause (f) of Section 2.
44. As discussed earlier, the object of the PC Act was not only to prevent the social evil of bribery and corruption, but also to make the same applicable to individuals who might conventionally not be considered public servants. The purpose under the PC Act was to shift focus from those who are traditionally called public officials, to those individuals who perform public duties. Keeping the same in mind, as rightly submitted by the learned senior Counsel for the Appellant-State, it cannot be stated that a "Deemed University" and the officials therein, perform any less or any different a public duty, than those performed by a University simpliciter, and the officials therein.
45. Therefore, for all the above reasons, we are of the opinion that the High Court was incorrect in holding that a "Deemed University" is excluded from the ambit of the term "University" Under Section 2(c)(xi) of the PC Act.
IN THE SUPREME COURT OF INDIA
