1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.1407 OF 2009 Balasaheb s/o Mhalsu Choundhe, age 31 yrs, Occ. service, R/o Krishi Tantra Vidyalaya, Mohadi, Tq. Kannad, Dist. Aurangabad. ..Applicant. v e r s u s 1. The State of Maharashtra Throuhg Police Station Officer, Police Station, Cidco, Aurangabad. 2. The Superintendent of Police, Anti corruption Bureau, Aurangabad. 3. Vinod s/o Baburao Bagale, age 19 yrs, Occ. Education, R/o Halda, Tq. Sillod, Dist. Aurangabad. ..Respondents Shri S.D.Kotkar, Advocate for the petitioner. Shri K.M.Suryawanshi, APP for the respondent 1 and 2. Adv. A.S. Mantri for R-3 CORAM : [ K. U. CHANDIWAL, J. ) DATE : 16 TH SEPTEMBER, 2009. PER COURT :- 1. Heard the counsel and APP. Rule. Rule returnable forthwith. 2- The applicant Balasaheb was prosecuted for accepting Rs.2,500/- from respondent No.3 Vinod for personal benefits of the said respondent 2 No.3. Accused is a clerk/employee in Krishi Tantra Vidyalaya Mohadi Tq. Kannad District Aurangabad. The learned counsel submits that the accused applicant is not a public servant in terms of Section 2 (c) of Prevention of Corruption Act, 1988 which reads as under :- Sec.2 (c). Public Servant means : (i) any person in the service or pay of the Government or remunerated by the Government by fees or commission for the performance of any public duty ; (ii) any person in the service or pay of a local authority ; (iii) any person in the service or pay of a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the Government or a Government Company as defined in section 617 of the Companies Act, 1956 (1 of 1956) ; (iv) any Judge, including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions ; (v) any person authorized by a Court of justice to perform any duty, in connection with the administration of justice including liquidator, receiver or commissioner appointed by such Court ; (vi) any arbitrator or other person to whom any cause or matter has been referred for decision or report by a Court of justice or by a competent public authority ; 3 (vii) any person who holds an office by virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election. (viii) any person who holds an office by virtue of which he is authorized or required to perform any public duty ; (ix) any person who is the president, secretary or other office-bearer of a registered co-operative society engaged in agriculture, industry, trade or banking, receiving or having received any financial aid from the Central Government or a State Government or from any corporation established by or under a Central, Provincial or State Act, or any authority or body owned or controlled or aided by the Government or a Government company as defined in section 617 of the Companies Act, 1956. (x) any person who is a chairman, member or employee of any Service Commission or board, by whatever name called, or a member of any selection committee appointed by such Commission or Board for the conduct of any examination or making any selection on behalf of such Commission or Board ‘ (xi) 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 and any person whose services have been availed of by a University or any other public authority in connection with holding or conducting examinations ; (xii) any person who is an office bearer or an employee of an 4 educational, scientific, social cultural or other institution, in whatever manner established, receiving or having received any financial assistance from the Central Government or any State Government, or local or other public authority. 3- The Ld. APP submits that the institution is recognized by Marathwada Agricultural University. The institution gets incentives / benefits by virtue of scholarships to the students and consequently it will attracted the provisions of section 2 (c ) (xii) of said Act with the explanation appended thereto. 4- It is a matter on record that on 06.06.2008 when the society Satpuda appointed accused-applicant as a clerk for a limited period of one year, he was informed that he will be getting salary as per the rules of institution. Its copy was furnished to the Registrar Marathwada Agricultural University, to the Director Education and Supdt Marathwada Agricultural University and to the Supdt Paithan road, Aurangabad. It is wrong the applicant being clerk of a private college would not come within the definition of public servant as contained in Sec. 21 of IPC. 5- The letter dated 17.07.2008 indicates that recognition to the 5 school was from the Marathwada University and since the school has complied with the parameters as indicated by the University the recognition was granted in the year 2008-2009, 2009-2010. The university had a right to change the names or select list furnished by the Institutions. 6- If the contention that there was no aid from the Government or that there was no approval there was no reason for who had accepted such conditions from the Marathwada University which also charging excess fees such as Rs.7,500/-. 7- Grant of scholarship to the different student speaks that same is in the considerable terms of section 2 (xii) coupled with explanation thereof. In the situation, I do not agree to the contentions raised by the accused Balasaheb. Consequently, proceedings cannot be quashed. Rule discharged. [ K. U. CHANDIWAL, J. ) JUDGE. ..... aaa/1407.09