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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
St Stephens College – Appellant
Versus
University of Delhi – Respondent
JUDGMENT (Oral)
Subramonium Prasad, J.
CM APPL. 25497/2023 (Exemption) in W.P.(C) 6481/2023
CM APPL.27889/2023 (Exemption) in W.P.(C) 7155/2023
Allowed, subject to all just exceptions.
CM APPL. 28075/2023 in W.P.(C) 5426/2023
1.1. This is an application on behalf of Respondent No.2 for condonation of delay in filing counter affidavit.
1.2. For the reasons stated in the application, the delay of four days in filing the counter affidavit is condoned.
1.3. The application is disposed of.
W.P. (C) 5426/2023&C.M. APPL. 21227/2023 (Stay)
W.P. (C) 6481/2023 &C.M. APPL. 25496/2023 (Stay)
W.P.(C) 7155/2023&CM APPL. 27890/2023 (Interim directions) &CM APPL.36834/2023 (Early hearing)
2.1. The Petitioners in W.P.(C) 5426/2023 and W.P.(C) 6481/2023 seeks to challenge the decision dated 08.12.2022 of the Executive Council of the University of Delhi and the Notification dated 31.12.2022 insisting on 100% weightage for CUET score for admission to minority quota in the St. Stephens College and declare them ultra vires to the Constitution of India.
2.2. According to the Petitioner, the impugned decision of the University of Delhi and the Notification dated 30.12.2022 is contrary to the decision dated 12.09.
The right of minority educational institutions to administer admissions under Article 30(1) is subject to reasonable regulations by the State to maintain educational standards.
The fixation of government seat quotas in unaided minority institutions is unconstitutional and violates their fundamental right to autonomy under Article 30(1) of the Constitution.
The State cannot compel minority institutions to share seats; it must ensure transparent, merit-based admissions without compromising minority character.
The main legal point established in the judgment is that the State cannot impose a limit on the admission of students from the minority community to an unaided minority professional institution, as e....
The rights of minorities to establish and administer educational institutions of their choice under Article 30 of the Constitution of India are subject to reasonable regulations that are necessary to....
Point of Law : Irrespective of whether the University Acts under Entry 25 of List III or the Statutes framed there under are amended in line with the UGC Regulations or not, in view of its adoption b....
Point of law: Supreme Court held that such regulations were not permissible and that any regulation which had the effect of takeover of seats, or reserving some part of unaided college’s intake, woul....
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