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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




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.

Headnote:(A) Constitution of India - Article 30(1) - Right of minorities to establish and administer educational institutions - Aided minority institutions cannot completely circumvent State regulations in administering admissions - Admission procedures must retain fairness and transparency without compromising on merit. (Paras 1, 37, 69)

(B) Precedent - The ratios established in 'St. Stephen's College v. University of Delhi' and subsequent decisions clarify that minority institutions can maintain their unique admission processes as long as they conform to overarching regulations for educational standards. (Paras 41, 48, 66)

Facts of the case:
St. Stephen's College challenged mandates by the University of Delhi to fill admissions based solely on common entrance test scores, arguing its rights under Article 30(1) of the Constitution to conduct interviews for admissions.

Findings of Court:
Right of the College to conduct interviews only applies for minority students. The entrance exam policy is applicable, ensuring non-minority admissions follow merit criteria only.

Issues: The court primarily assessed the limits of Article 30(1) rights in minority institutions and the application of State regulations in admissions.

Ratio Decidendi: Court emphasized that the right to admit students is part of the administration but can be regulated by the State to maintain educational standards and prevent maladministration.

Result: Writ petitions are partly allowed; University regulations for admissions are upheld and imposed on the College.

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

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