The recent ruling by the Supreme Court that bribery and corruption in a deemed university can be tried under the Prevention of Corruption Act, 1988 has made headlines. The court clarified that individuals and authorities associated with a deemed university fall under the classification of ‘public servant’ and are therefore subject to trial and punishment under the nation’s anti-corruption laws.
Supreme Court Observation
In its observations, the Supreme Court stated that officials of a deemed university perform no less of a public duty than their peers in other universities. The court further clarified that deemed universities are encompassed within the term ‘university’ as per Section 2(c)(xi) of the Prevention of Corruption (PC) Act, 1988.
The Role of Deemed Universities Under UGC Act, 1956
The court also highlighted that a deemed institution under the University Grants Commission (UGC) Act of 1956 has the same common public duty as a university to award academic degrees. These degrees are recognized in society and contribute to the advancement of education.
Objective of the PC Act, 1988
The litigation further shed light on the aims of the PC Act. Apart from preventing the social menace of bribery and corruption, the Act also extends to individuals who may not traditionally be considered public servants. This expands the reach of the Act and ensures that all parties involved in the public service delivery chain are held accountable for their actions.
Definition of a Public Servant Under PC Act, 1988
Under Section 2(c)(xi) of the Prevention of Corruption Act, a “public servant” includes “any person who is a vice-chancellor or member of any governing body, professor, reader, lecturer or any other teacher or employee, by whatever designation called, of any university.” This comprehensive definition ensures that all employees of a university, regardless of their position or title, can be held accountable under the law.
Status and Privileges of Deemed Universities
Awarded in accordance with Section 3 of the University Grants Commission (UGC) Act, 1956, the status of a deemed university is granted to academic institutions maintaining a high standard in a specific field of study. The Central Government, upon the advice of the UGC, designates these institutions as ‘deemed-to-be-university’. These institutions enjoy the same academic status and privileges as traditional universities, further solidifying their position in the public sphere.