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IN THE HIGH COURT OF DELHI AT NEW DELHI
Satish Chandra Sharma, Subramonium Prasad, JJ.
St Stephens College – Appellant
Versus
University of Delhi & Anr. – Respondents
W.P.(C) 5426 of 2023, W.P.(C) 6481 of 2023 and W.P.(C) 7155 of 2023
Decided On : 21-07-2023
Admission Policy - Minority Institution - Article 30(1) - [CUET, Admission Policy, Minority Institution, Article 30(1)] - The court discussed the application of the admission policy for minority institutions, the right to administer under Article 30(1), and the extent to which the state can regulate the admission of minority students. The judgment recognized the right of the minority institution to conduct interviews with 15% weightage for minority students, but not for non-minority students. The impugned decision was found to be in conflict with the right of the Petitioner College under Article 30(1) and the decision in St. Stephens College v. University of Delhi & Anr., 2022 SCC OnLine Del 2893.
Fact of the Case:
The case involved a dispute over the admission policy for St. Stephens College, challenging the decision of the University of Delhi to insist on 100% weightage for CUET score for admission to the minority quota in the college. The Petitioner sought to continue its admission process involving an interview with 15% weightage for minority candidates, while the Respondent directed the college to follow the approved admission policies for UG programs.
Finding of the Court:
The court found that the right of the Petitioner-College to conduct interviews and accord 15% weightage for minority students does not extend to non-minority students. It also recognized the state's right to formulate regulations concerning the administration of a minority institution to prevent maladministration and further the interest of the minority community. The court held that the impugned decision was in conflict with the right of the Petitioner College under Article 30(1) and the previous judgment.
Issues: The court considered whether the right to administer under Article 30(1) extends to non-minority students, the applicability of admission policies to minority institutions, and the right of a minority institution to sub-classify the reservation accorded to the minority category.
Ratio Decidendi: The court held that the right of a minority institution to conduct interviews and accord weightage for minority students does not extend to non-minority students. It also recognized the state's right to regulate the administration of a minority institution to prevent maladministration and further the interest of the minority community. The court found that the impugned decision was in conflict with the right of the Petitioner College under Article 30(1) and the previous judgment.
Final Decision: The court directed that the admission policy as framed by the court in the previous judgment shall be followed for the Academic Year 2023-24, with 85% weightage for CUET and 15% weightage for the college's interview for Christian minority candidates, and CUET alone as the sole eligibility criteria for non-minority candidates.
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 12.09.2022 passed by this Court in W.P.(C) 8814/2022, i.e., St.Stephens College v. University of Delhi & Anr., 2022 SCC OnLine Del 2893.
3. W.P.(C) 8814/2022 was filed by the St. Stephens College for quashing of letter dated 09.05.2022, which reads as under:
"This is with reference to your e-mail dated 20th April, 2022 regarding admission process for the session 2022- 2023 at St. Stephen's College. In this regard, I am to inform that the admission policy, as approved by the Academic Council of University of Delhi, is applicable on all colleges (Constituent/Affiliated) of University of Delhi.
2. As per the admission policy, except wherever specified, the admissions for the session 2022-2023 shall be on the basis of the merit of Common University Entrance Test (CUET)-2022 scores. It shall be conducted by the National Testing Agency, Government of India.
3. With regard to your college, taking note of the fact that it is a Minority institution (for candidates belonging to Christian community), the University has decided that 50% of the open seats shall 'be filled solely on the basis of merit of the CUET score. However, remaining50% seats for minority candidates shall be filled on the basis of combined merit of 85% weightage to the CUET score and 15%weightage to the interview to be conducted by St. Stephen's College.
4. There must be a single merit list for the admission of candidates belonging to Christian community regardless of any denominations/sub-sects/sub- categories within the Christian minority community.
5. In view of the above, you are required to abide by the admission policy as detailed in Point 3 & 4 above, which is applicable for admission of students in St. Stephen's College for the session 2022-2023."
4. The writ petition also challenged the Communication dated 24.05.2022 directing the St. Stephens College to withdraw its Admission Prospectus-Undergraduate (UG) Programmes, 2021-22, and to issue a Public Notice stating that University of Delhi's admission policies shall be applicable to the St. Stephens College for UG Programmes for the Session 2022-23.
5. At this juncture, it is pertinent to mention that in the year 1980, a Circular had been issued by the University of Delhi directing all its Affiliated/Constituent colleges to admit students for UG Courses solely on the basis of the marks obtained in the qualifying examination. Aggrieved by the said Circular, St. Stephens College approached the Apex Court by filing a writ petition under Article 32 of the Constitution of India contending that, being a minority run institution under Article 30(1) of the Constitution of India, the minority institution can devise its own admission process.
6. The Apex Court vide its judgment rendered by five Judges Bench in St. Stephen's College v. University of Del
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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