JUDGMENT

K. JAGANNATHA SHETTY, J. (For himself and M. H. Kania, Fathima Beevi and Yogeshwar Dayal, JJ.):-

INTRODUCTION:

St. Stephens College at New Delhi and Allahabad Agricultural Institute at Naini are two of our premier and renowned institutions. The former has been affiliated to the Delhi University and the latter to the U. P. University. Both are aided educational institutions and getting grant from the State funds. They have their own admission programme which they follow every academic year. The admission programme provides for giving preference in favour of Christian students. It is claimed that they are entitled to have their own admission programme since they are religious minority institutions. The validity of the admission programme and the preference given to Christian students are the issues that need to be resolved in these cases. The questions are of great constitutional importance and consequence to all minority institutions in the country.

THE FACTS IN GENERAL

ST.STEPHENS COLLEGE

2. St. Stephens College was founded on February 1, 1881. It is the oldest College in Delhi. It was first affiliated to Calcutta University and then to Punjab University and thereafter to Delhi University. Upon affiliation to the Delhi University it became one of its three original constituent colleges. The College offers three years degree course in B.A./B.Sc. (Hons.), B.A. (Pass) and B..Sc. General as well as two years Post-graduate degree course in M.A. and M.Sc. For the academic year 1980-81, the College published "Admissions Prospectus" on May 25, 1980, inter alia, providing that applications for admission for the first year course must be received in the College office on or before June 20, 1980. In the same prospectus, it was also provided that there would be interview prior to final selection of students for admission to the College. It appears that on May 22, 1980 the Vice-Chancellor of the Delhi University in exercise of his emergency powers under Statute 11 -G(4) of the Statutes of the University, constituted an Advisory committee to consider and recommend the dates for admission/ registration to various under-graduate / post-graduate courses in the Faculties of Arts and Social Sciences/ Mathematics and Science for the academic session 1980-81 and for other related matters concerning admissions. The constitution of the Advisory Committee was approved by the Academic Council in its meeting held on May 29, 1980 and the Academic Council also authorised the Vice-Chancellor to accept the recommendations of the Advisory Committee for implementation. The Advisory Committee, inter alia, laid down as follows:

"(i) Admission to B.A. (Pass)/ B.A. Vocational Studies Courses be based on the merit of the percentage of marks secured by students in qualifying examination.

(ii) The admission to B.Com (Pass), B.A. (Hons.) and B.Com. (Hons.) Courses be also on the basis of marks. However, the College may give weightage to marks obtained in one or more individual subjects in addition to the aggregate marks of the qualifying examination. But whenever weightage is proposed to be given to individual subject (s) by the College, it should be notified in advance to the students through the College Prospectus/Notice Board so that applicants seeking -admission know in advance the basis of admission.

(iii) That last date for receipt of applications to all the under-graduate courses will be June 30, 1980 and this would be uniformly adhered to by all the Colleges."

3. These recommendations were accepted by the Central Admission Committee and also by the Vice-Chancellor.

THE CIRCULARS OF THE UNIVERSITY

4. That on June 5, 1980 the University issued circular to all affiliated Colleges prescribing the last date for the receipt of applications as June 30, 1980. The circular also provided phased programme of admission as follows:

"A. First phase of admission For Students securing 45 of marks or above.

i) Notification of First Admission List by the Colleges Wednesday 2nd