The Delhi High Court has permitted Delhi University's (DU) St Stephen's College to conduct interviews for admission to undergraduate (UG) programmes under the minority quota. Similarly, a bench headed by Chief Justice Satish Chandra Sharma permitted Jesus and Mary College to hold interviews for minority students.
The court's order came after applications were filed by the two minority colleges to stay a decision of DU's executive council insisting on 100 per cent weightage of the Common University Entrance Test (CUET) score for admission under the minority quota. DU had issued the notification on December 8 last year, as per a report by PTI.
The court order also took into consideration of a separate petition by a woman, Sharon Ann George, against interviews for minority students at St Stephen's College. The court observed that in an earlier decision, it had already discussed the extent to which DU can regulate the admission of minority students and ruled that St Stephen's has the right to conduct interviews with 15 per cent weightage for minority students, but not for non-minority students.
"Despite this observation made by this Court in the aforesaid judgment, the Executive Committee in its meeting dated 08.12.2022 has decided that for the academic session 2023-24, admission to the Undergraduate Programmes shall solely be on the basis of CUET for minority seats also,” said the bench, also comprising Justice Subramaniam Prasad.
"As an interim measure, this Court directs that the admission policy as framed by this Court vide judgment dated 12.09.2022 shall be followed for the Academic Year 2023-24 and the St Stephen's College will adopt the marks secured in the CUET with 85% weightage for CUET and the College's interview for shortlisted candidates with a weightage of 15% for Christian minority candidates," the court directed in its order dated July 21.
Further, the court said that there was prima facie a complete lack of reasoning as to why its earlier ruling was “given a go-by by the Respondents (DU) and indicates non-application of mind on their part while making the impugned decision". Admitting the petitions, the bench opined that the colleges would suffer an irreparable loss if interim relief is not granted to them at this stage. Senior Advocate A Mariarputham and Advocate Romy Chacko appeared for the petitioner colleges, while Senior Advocate Arun Bhardwaj appeared for George.
The story so far
Last year, St Stephen's College had filed another petition challenging DU's letter asking it to withdraw its prospectus which gave 85 per cent weightage to CUET and 15 per cent to college interviews for admission to its unreserved seats in UG courses. Holding that the rights accorded to a minority institution under the Constitution cannot be extended to non-minorities, on September 12, the High Court directed the college to give 100 per cent weightage to the CUET scores.
However, the court had added that the college had the authority to conduct interviews in addition to CUET for minority candidates, but it could not force them to undergo the interview. Earlier this year, St Stephen's College filed the present petition against DU's notification, contending that being a minority educational institution, its right to select students for admission and administer an educational institution under the Constitution could not be interfered with or taken away.
"The impugned decision of the university denying the petitioner college its right to conduct interviews for admission to undergraduate courses in the minority category is contrary to the judgment of this Hon'ble Court dated September 12, 2022 in WP(C) No 8814/2022 in St Stephen's College Vs University of Delhi which recognised the petitioner's right to select students of minority category by conducting interviews," the petition stated, as per PTI.
