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Synopsis

In a recent ruling, the Delhi High Court has directed the Delhi University (DU) to ensure fair and proportional allocation of postgraduate (PG) seats in St. Stephen's College and granted permission to the College to conduct interviews for minority students seeking admission to PG courses.

Justice C Hari Shankar, presiding over the bench, stated, “The petitioner college is permitted to subject minority students, seeking admission to PG courses, to interview and to allocate 15% marks to interview with 85% being allocated for the students’ CUET (Common University Entrance Test) score. Non-minority students would, however, not be subjected to any interview for admission to PG courses.”

The court's decision comes in response to a plea filed by the college, seeking directions for DU to honour its selection of PG candidates and allocate a fair number of seats to the institution for minorities.

The court stressed the need to prevent arbitrariness in seat allocation and urged Delhi University (DU) to establish guidelines for fairness. St. Stephen’s College, represented by Advocate Romy Chacko, argued that DU disproportionately allocated PG seats and lacked objective allotment criteria.

In response, Advocate Mohinder JS Rupal, appearing for DU raised concerns over St. Stephen’s additional interview rounds for students already shortlisted.

The court took note of the fact that the University's directives, which require the selection of students solely based on uniform marks obtained in qualifying examinations, would effectively deprive St. Stephen's College of its right to admit students from the Christian community. Drawing from the evidence presented, including a selection chart, the court observed that without concessions for Christian students, their chances of admission to the college would be bleak.

It further highlighted that without special considerations, Christian students would face insurmountable challenges when competing against students from other communities, rendering them ineligible even for consideration for interviews. Despite offering concessions to a certain extent, only a minuscule number of minority applicants would ultimately secure admission. This aspect was deemed incontrovertible by the court.

The court further said that “The College seems to have compelling reasons to follow its own admission programme,” emphasising the overwhelming number of applications (12,000 to 20,000) received annually against a limited 400 seats. It noted the diverse standards of applicants' institutions and the inadequacy of judging merit solely based on percentage marks, which may not ensure fairness or maintain educational excellence.

The court clarified that autonomy in administration entails the right to effectively manage and conduct the affairs of institutions. It distinguished between restrictions on the right of administration and regulations that dictate the manner of administration. Day-to-day administration, including personnel management, falls under the purview of the institution's autonomy. However, “The university will always have a right to see that there is no mal-administration. If there is maladministration the university will take steps to cure the same,” the court said.

The court concluded the writ petition with the following directives:

(i) Minority students seeking admission to PG courses at St. Stephen’s college may be subjected to interviews, with 15% marks allocated for the interview and 85% for the students’ CUET score.

(ii) Non-minority students applying for PG courses at the petitioner college will not undergo interviews; their admission will be solely based on their CUET score.

(iii) DU is entrusted with the responsibility of ensuring that the allocation of PG seats in the petitioner college is equitable. In this endeavour, DU is encouraged to take into account factors such as the availability of infrastructure and the enrollment of undergraduate students in the respective course.

(iv) To prevent future disputes, DU is directed to consider framing appropriate policies or guidelines governing the allocation/allotment of seats in PG courses across various colleges.

This ruling coincides with St. Stephen’s ongoing legal battle against a 2022 court ruling barring interviews for non-minority students. The case is before the Supreme Court, which in August 2023 declined to intervene, allowing interviews for minority seats, a practice upheld for a second year.

 

Cause Title: ST. Stephens College v University of Delhi [W.P.(C) 803/2022]