IN THE HIGH COURT OF DELHI
Satish Chandra Sharma, Subramonium Prasad, JJ.
St Stephens College - Appellant
Versus
University of Delhi - Respondent
W.P.(C) 8814 of 2022 and C.M. Nos. 26539 of 2022 & 30972 of 2022 and W.P.(C) 8869 of 2022 and C.M. No. 26694 of 2022
Decided On : 12-09-2022
JUDGMENT
Satish Chandra Sharma, C.J.
1. W.P.(C) 8814/2022 has been filed on behalf of St. Stephen's College, New Delhi (a Constituent/Affiliated College of University of Delhi, i.e. Respondent No.1), seeking the quashing of letter dated 09.05.2022 issued by Respondent No.1 communicating that the admission policy as approved by the Academic Council of Respondent No.1 shall be applicable to all colleges under the aegis of Respondent No.1, and that the Petitioner must not only fill 50% of its unreserved seats solely on the basis of the Common University Entrance Test (CUET)-2022 scores, but shall also employ a single merit list for admission of candidates belonging to the Christian community. The writ petition further challenges the Communication dated 24.05.2022 directing the Petitioner to withdraw its Admission Prospectus - Undergraduate (UG) Programmes (2021-2022) and to issue a Public Notice iterating that Respondent No.1's admission policies shall be applicable to the Petitioner for UG Programmes for the Session 2022-2023.
2. The Petitioner in W.P.(C) 8814/2022 had thereafter also filed an application, being C.M. APPL.30972/2022, seeking permission to incorporate the following additional prayers in the Writ Petition:
"a) Issue appropriate writ, direction or order quashing the decision of the Academic Council of the Respondent University dt. 10.12.2021 approving the recommendation of the Committee constituted by the Vice Chancellor to conduct admission to undergraduate courses through a common entrance test to the extend it is applicable to Petitioner college
b) Issue appropriate writ, direction or order quashing the decision of the Executive Council of the Respondent University dt. 17.12.2021 approving the recommendation of the Committee constituted by the Vice Chancellor to conduct admission to undergraduate courses through a common entrance test to the extend it is applicable to Petitioner college
c) Issue appropriate writ, direction or order quashing the notification of the Respondent University dt. 20.12.2021 to conduct admission to undergraduate courses through a Central University Common Entrance Test (CUCET) Delhi University Common Entrance Test (DUCET) to the extend it applies to Petitioner St. Stephen`s College, New Delhi
d) Issue appropriate writ, direction or order quashing the public notice issued by UGC dt. 21.3.2022 to conduct admission to undergraduate courses through a Common University Entrance Test (CUET) to the extend it applies to Petitioner St. Stephen`s College, New Delhi.
e) Issue appropriate writ, direction or order quashing Annexure R5 letter issued by UGC dt. 27.3.2022 to conduct admission to undergraduate courses through a Common University Entrance Test (CUET) to the extend it applies to Petitioner St. Stephen`s College, New Delhi
f) Issue appropriate writ, direction or order quashing the recommendations of the standing committee of the Academic Council of the Respondent University under clause 5 of ordinance - II of the Ordinances of the University held on 17.3.2022 providing that admission to all minority colleges (including St. Stephens college and Jesus and Mary college) will be done only through CUET and that during centralised counselling, separate merit list will be generated for UR and minority candidates.
g) Issue appropriate writ, direction or order quashing the decision of the Academic Council dt. 22.3.2022 approving the recommendations of the standing committee of the Academic Council of the Respondent University under clause 5 of ordinance - II of the Ordinances of the University held on 17.3.2022 providing that admission to all minority colleges (including St. Stephens college and Jesus and Mary college) will be done only through CUET and that during centralised counselling, separate merit list will be generated for UR and minority candidates."
3. W.P.(C) 8869/2022, styled as a Public Interest Litigation (PIL) has been filed by a law student on behalf of aspirants wanting admi

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.
Point of Law : Law could not be deemed to be unreasonable unless it was totally destructive or annihilative of the right under Art.30(1).
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....
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 court found that minority institutions can be regulated by the State regarding admissions while retaining their autonomy, ensuring compliance with educational standards and merit without violatin....
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