Report No. 50

5. Supreme,C6urt case.-

The judgment1 which has led to the consideration of the problem covered by the present Report may now be dealt with. In that case, the question arose whether a University Examiner is a public servant. The accused in that case was, at the material time, a Senior Lecturer in a Government College in the State of Gujarat. In April, 1964, the accused was appointed Examiner for Physics Practical for 1st year B.Sc. for the Gujarat University. It was alleged that he had accepted Rs. 500 for showing favour to a candidate, by giving the candidate more marks than he deserved.

The Gujarat High Court held that the accused was not a "public servant", and the Supreme Court dismissed the appeal of the State against the judgment of the High Court. We shall deal here only with the points material for the purpose of the present Report. For that purpose, it is necessary to refer to the statutory provisions that came up for consideration.

1. State of Gujarat v. Manshankar Dwivedi, (1972) 2 SCWR 13 (13 July, 1972).