Kerala investigation HC declares private pharmacy college management as public servants, allows vigilance investigation [Read Judgment]

Kerala: The Kerala High Court has delivered a significant judgment, ruling that the management of a private pharmacy college can be considered ‘public servants’ under the Prevention of Corruption Act, thereby permitting a vigilance investigation into alleged malpractices in admissions and fee collection.

Court Allows Vigilance Probe into Alleged Fee Malpractices at Private Pharmacy College

Justice K. Babu made key observations regarding the nature of public duty and the definition of public servants in the context of educational institutions.

The court examined the case of Nazareth Pharmacy College, where allegations of collecting capitation fees and denying admission to eligible students were raised. The court remarked, “The persons arraigned as accused are the final authority with regard to the grant of admission, collection of fees, etc. The duty discharged by them is ‘public duty,’ and hence they are public servants as defined under the PC Act.”

Kerala HC Expands ‘Public Servant’ Definition Under PC Act in Landmark Ruling

Clarifying the legal interpretation, the court noted, “In Section 2(c) of the PC Act, the legislature intentionally provided a general definition of the term ‘public servant.’ The emphasis is not on the position held by an individual; rather, it is on the public duty performed by him/her.”

The court further stressed the broader intent of anti-corruption laws, stating, “The purpose of the PC Act was to shift focus from those who are traditionally called ‘public officials’ to individuals who perform ‘public duties.’”

In the specific case, the court found that admissions and fee regulation were governed by state laws, including the Kerala Medical Education (Regulation and Control of Admission to Private Medical Educational Institutions) Act, 2017.

Consequently, the court quashed the government’s order preventing a vigilance inquiry and directed the Vigilance and Anti-Corruption Bureau to conduct a preliminary investigation into allegations of capitation fee collection and other malpractices.

Case Title: A.K. Sreekumar vs State of Kerala and Others

[Read Judgment]