BALDEV RAJ EX CONSTABLE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Both these appeals are by special leave and challenge is to the conviction and sentence of fine imposed under Section 24 of the University Grants Commission Act, 1956 (III of 1956), ('Act' for short) by the learned Additional Sessions Judge and upheld by the Delhi High Court in appeal.

(2.) Commercial University Limited ('CUL' for short) was incorporated under the Companies Act. 1913 (VII of 1913) with objects, inter alia, to promote commercial education, encourage and impart commercial education by opening institutes, colleges and schools and provide, prescribe and maintain various standards of studies and examinations in the study of commercial subjects and to ascertain by means of examinations and/or otherwise the persons who acquire the prescribed standards and to confer on such persons any academic diplomas, degrees, etc. It has a Board of Governors and the Registrar of the University is one of the Ex-officio Governors. This institution claims to have expanded its activities and regular convocations have been held for awarding degrees and diplomas. The Act came into force in 1956 and for the first time provided restrictions under Sections 22 and 23 of the Act to the following effect:

(3.) The appellants came to be prosecuted for the offence under Section 24 of the Act as CUL continued to bear the description of University even after the period indicated in the proviso to Section 23 of the Act was over.