SC turns down DU plea against St Stephen’s minority admission policy

The high court order passed on July 21 was challenged before the top court in two separate petitions filed by the Delhi University and the university grants commission (UGC). Dismissing the two petitions, a bench of justices AS Bopanna and PS Narasimha said, “Taking note that the order passed is an interim order and the high court has made admission subject to the final outcome of the writ petition, we see no reason to interfere at this stage.”

This is the second year that the high court permitted the college to fill up the 50% Christian quota seats by giving 15% weightage to interviews. The college had approached the high court challenging a December 30 notification issued by the DU directing all admissions under the minority quota to be filled up solely on the basis of the common university entrance test (CUET) scores. The top court order told the high court, “Considering there should be certainty in the matter, we request the high court to decide (the petition) as expeditiously as possible.”

The Delhi University represented by Solicitor General Tushar Mehta told the Court that the last date for close of admissions is August 31 and the college should not be permitted to proceed forward with the interviews. Defending the December 30 notification, Mehta said, “Last year, the college was allowed to give 15% weightage to interview. This year, we insisted they can select only meritorious students based on CUET scores against the minority seats. Due to the HC order, meritorious candidates are being left out.”

The college represented by senior advocate A Mariarputham and advocate Romy Chacko said that the admission process for this academic year is over. The senior counsel stated that the admission was not “unilateral” as the University was supplied the final list of students admitted under Christian quota. The list was approved and the University sent email to students for paying fees.

The bench told Mehta, “It will be unfair to students to interfere at this stage. There will be uncertainty among student community.” Pointing out the fact that the University has endorsed the admissions, the bench said, “You have written to the students to pay fees and the letter does not say the admission will be subject to the order (of high court). You are a little late to approach us.”

Mehta told the Court that the University was bound to process the admissions or else there will be contempt of the HC order. The Court said, “The HC order is of July 21 and one month has passed. You should have approached us before. The 15% weightage is an issue you will have to argue before the high court.”

The bench wished to know during the hearing if any meritorious students had approached the Court complaining against the interview process. Senior advocate Arun Bhardwaj appearing for a Christian candidate said that a petition is in the process of being filed as the petitioner atttended the interview but did not get admission. The solicitor general told the Court that it is only a matter of opening a small window for such candidates.

“Stephens is a prime college where admission cut offs end at 98-99 %. If a window is provided, the admission process can be over within a day,” Mehta said.

The bench maintained its stand and said, “At this stage there will be more confusion if we interfere as some students would have already been interviewed. It could happen next year. As per the interim order, let admissions go on.

On Friday, when the matter came up for hearing in the top court, Mehta claimed that the seats filled up through interview have virtually become “payment seats” to which the college had objected.

The college had approached the HC challenging a December 8 order passed by the DU executive council to the effect that even in respect of 50% minority quota seats, admission should solely be on the basis of CUET scores and no interview or addition of 15% marks for interview will be permitted. This led to the December 30 notification.

The HC in its July 21 order said, “A prima facie case has been made out that the petitioner will suffer an irreparable loss if interim relief is not granted at this juncture. The balance of convenience also lies in favour of the petitioner.”

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 had in October 2022 refused to stay the HC order.

Last year too, when the controversy over CUET being applicable to minority quota seats arose, the HC had on September 9, 2022 permitted St Stephen’s to conduct interview for Christian students. Relying on this order, the HC extended the benefit to the college for this year too.