St Stephen’s plea on admission of minorities: HC told to hear case

The Supreme Court on Tuesday asked the Delhi high court to proceed with hearing a petition filed by the Delhi University’s St Stephen’s college challenging a December notification issued by the university, directing the institution to admit students under the minority quota seats strictly as per the scores of the common university entrance test (CUET) without holding interviews.

The college challenged the December 13 notification issued by DU before the Delhi high court, but it was told on May 24 to first approach the Supreme Court since the issue relating to admission based on CUET is pending before the top court.

The high court noted that the university passed a similar order last year saying that CUET scores should be the sole criterion for admissions to the general category seats across the undergraduate courses provided by the Christian minority college. The notification was upheld by the high court on September 12, against which the college’s appeal is being heard by the Supreme Court.

Ending the confusion, the top court bench of justices BR Gavai and JB Pardiwala told the HC to proceed with hearing the college’s petition noting that the challenge is with regard to admissions under the minority quota. At the same time, the bench added, “It is needless to state that since the matter pertains to admission for the present academic year, the HC would consider the same with requisite urgency.”

The college was represented in the matter by senior advocate A Mariarputham along with advocate Romy Chacko. In its clarification application, the college said that the matter before the top court pertained to general category admissions while the new notification was regarding the 50% minority quota seats. Though the DU wanted even these seats to be filled on basis of CUET scores, the college asserted that only 85% weightage will be given to CUET score while remaining 15% will be allocated to the interview.

Additional solicitor general (ASG) Vikramjeet Banerjee, representing DU, said that the university does not have a problem if the matter is heard by this court (SC) or the high court. He said that the high court’s directions pertained to last year admissions while the present order by the university will govern this year’s admissions.

The top court said, “We clarify that the HC will be at liberty to proceed further with the hearing of the writ petition pertaining to admissions under the minority quota.”

In its application, the college said that the DU’s December notification was erroneous as it was contrary to the Delhi high court decision of September 12 which rejected the 100% CUET score criterion to be extended to the 50% Christian quota seats as well.

The application said, “Contrary to the aforesaid part of the judgement of the high court, the Delhi University Executive Council on December 8, 2022, passed a resolution to the effect that even in respect of minority quota seats admission should solely be on the basis of CUET, and no interview or addition of 15% marks for interview will be permitted.”

The college claimed that over the years, it has been making admissions to undergraduate courses by earmarking 15% weightage for personal interaction or interview. Last year, with the introduction of CUET, the college had to admit students to its general category seats solely on CUET scores as the top court refused to stay the HC order in October 2022.

The college’s appeal which is still pending on this issue (CUET for minority students) in the top court has relied on the rights of minorities available under the Constitution to run and administer institutions. Further, the college cited the Constitution bench decision of 1992 where the top court upheld the manner in which the college was making admissions (85% for qualifying examination marks and 15% for interview).

Pursuant to the HC judgment, the college issued its prospectus inviting applications for admission to its undergraduate programme for the academic year 2023-24. It mentioned that interview will carry 15% weightage for filling up 50% Christian quota seats. Following this, the vice-cancellor of Delhi University issued a press statement claiming that such admissions will not be recognised by the university.

The college told the apex court that the conflicting statements created a lot of confusion in the minds of students and with the CUET scores out, it was necessary for the Delhi high court to hear its petition challenging the varsity’s latest order.