2. Learned counsel for the respondent Nos.1and2 waive service of notice. By consent, the petition is taken up for final hearing.

3. The short question that falls for our consideration is whether the management of a minority college is free to choose and appoint any qualified person as Principal of the college or whether such management is hedged by any Ordinance of the University in doing so This controversy has arisen because the University of Delhi is insisting that the petitioner College shall follow the procedure of the Selection Committee for filling up the post of Principal as referred to in Clause 7 of Ordinance XVIII of the Delhi University.

4. The petitioner St.Stephens College is an aided minority educational institution established and administered by the religious minority of Christians. The College was established in the year 1881 and has maintained its Christian character till date. The management of the College is looked after by the Supreme Council and the Governing Body. The Principal of St.Stephens College is appointed by the Supreme Council and he shall be a Christian belonging to the Church of North India. According to the petitioner it

has followed the College constitution till date for filling up the post of Principal subject to the qualification prescribed by the University and this was never objected to by the University as the University Ordinance dealing with the procedure for filling up the post of Principal does not apply to the minority educational institution. However, now the University is insisting the petitioner to follow the University Ordinance for filling up the post of Principal. The petitioner has, therefore, approached this Court seeking a declaration that Clause 7(2) of Ordinance XVIII of Delhi University does not apply to a minority educational institution.

5. Some more facts need to be stated in order to understand the dispute. In January 2007 the post of Principal of St.Stephens College fell vacant consequent to the appointment of Dr.Anil Wilson as Vice Chancellor of Himachal University. Hence to fill up this vacancy the Supreme Council advertised the post of Principal on 23rd March, 2007. Seven applications were received and the applicants were interviewed on 9th May, 2007 but none was found suitable for being appointed as Principal. Hence Rev.Fr. Valson Thampu, former Head of Department of English, St.Stephens College, was invited to serve as Officer on Special Duty (OSD) to the College as permitted by Clause 3 (c) of the Ordinance XVIII of the University. The appointment of Rev.Fr. Valson Thampu as OSD was challenged before the National Commission for Minority Educational Institutions. The Commission vide its order dated 5th February, 2007 declared that the appointment of Rev.Fr. Valson Thampu is illegal and inoperative. The Commission also recommended to the College to take urgent corrective measures for selection and appointment of a regular Principal for the College in accordance with law. The order passed by the National Commission for Minority Educational Institutions was challenged by the petitioner before this Court and notice was issued to the respondents in the matter. However, Fr.Valson Thampu resigned from the post of OSD and the same was accepted by the Supreme Council on 15th March, 2008. The petitioner again initiated the process to fill up the post of Principal in accordance with the College constitution and an advertisement in the newspapers inviting applications for the post of Principal was also issued. The advertisement provides that the candidate should fulfil the necessary qualifications prescribed under the University Ordinance, referred to above. The University however directed the petitioner vide communication dated 20th March, 2008 to follow in letter and spirit the UGC norms for appointment of Principals of colleges both with regard to the minimum qualifications prescribed and selection committee and selection process. The first respondent also