Stephens minority seats row: DU tells SC, minority seats virtually payment seats

The Court was hearing an appeal filed by DU against an order passed by the Delhi high court on July 21 permitting the college to give 15% weightage for filling seats under the Christian quota for the academic year 2023-24. This meant that the CUET score would be restricted to 85% weightage in admissions under the minority quota.

Before the top court, Solicitor General Tushar Mehta appeared for the university and said, “I hope the college is not holding any interview. This 15% for interview is virtually becoming payment seats. This Court knows about this practice.” Mehta said that while there is no objection to the college providing 50% seats to minorities, the seats should be filled up entirely on basis of merit provided by CUET. “Interview brings subjectivity. Even if I have more than 90% marks, someone with less marks gets admission,” he added.

Senior advocate A Mariarputham appearing for the college along with advocate Romy Chacko objected to such statements being made by the law officer. “This is false. Such wrong statements need not be made. He is an officer of the Court. He may argue on merits but not make such statements,” Mariarputham said. The solicitor general reiterated, “This is not a statement but my argument on merits.”

The college argued that in any case, admissions for this year have ended by Augst 16 and interviews were conducted. “This petition is infructuous as admissions closed on August 16 and classes for the new academic session have begun,” the senior counsel said.

The UGC too filed an appeal against the HC order and requested the Court to take up both the appeals on Monday.

The bench of justices AS Bopanna and PS Narasimha agreed to the request and asked the two sides not to get “worked up” and reserve arguments for Monday.

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 was followed up by a notification issued by the university on December 30. Both orders were challenged on the ground of being unconstitutional.

The HC passed an interim order on July 21 permitting the college to have 15% marks reserved for interview for minority candidates while non-minority candidates had to be admitted on 100% CUET scores. The HC 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.

The college’s appeal which is still pending on this issue in the top court relied on the rights of minorities available under the Constitution to run and administer institutions. Further, it cited the Constitution bench decision of 1992 where the top court approved the scheme of 85% for qualifying examination marks and 15% for interview, as followed by the college.

Pursuant to the HC judgment, the college had 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. The Vice Chancellor of Delhi University had issued a press statement claiming that such admissions will not be recognised by the University. It was in the wake of such conflicting statements, the college had approached the HC.

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 proceed with its interview for Christian candidates. The college requested the HC to apply the same order for this year.