New Delhi: The Delhi High Court on Thursday sought Delhi University’s response on a plea filed by St Stephen’s College against the varsity’s notification insisting on admission under minority quota solely on the basis of common university entrance test (CUET) score without an interview.
A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad issued notices to DU as well as UGC on the college’s plea and asked them to file their replies.
The court orally remarked that the DU notification was “contrary” to a judgment passed by it last year in connection with the admission process. Based on this judgment, it observed the college can issue prospectus.
The judgment last year had allowed St Stephen’s College to admit minority students by additionally conducting interviews but upheld 100 per cent weightage to CUET score for non-minority students.
“The (earlier) judgment is in existence. We will issue notice,” the court said.
Additional Solicitor General Chetan Sharma, appearing for the respondent, sought time from the court to file a reply to the college’s plea, saying there was no urgency in the matter at this stage.
The petitioner, represented by advocate Romy Chacko, has said it was a minority educational institution and its right to select students for admission and administer educational institution under the Constitution cannot be interfered with or taken away by the Delhi University.
It has contended that DU’s decision insisting on 100 per cent weightage for CUET score for admission under minority quota is ultra vires (beyond the powers) to Article 30 of the Constitution and unconstitutional.
“The Delhi University has now resolved that for admissions during the current academic year (2023), even in regard to 50 per cent Christian quota of seats admission shall be only on the basis of CUET score and no interview and addition of 15 per cent marks for interview will be permitted,” the plea said.
“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 Honble Court dt. 12.09.2022 in W.P. (C) No. 8814/2022 in St, Stephen’s College Vs, University of Delhi which recognized the Petitioner’s right to select students of minority category by conducting interviews,” stated the petition.
Last year, St Stephen’s College filed a petition challenging DU’s letter asking it to withdraw its prospectus which gave 85 per cent weightage to CUET and 15 per cent weightage to college interview 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, the court in September 2022 directed St Stephen’s College to give 100 per cent weightage to the CUET 2022 score when giving admission to non-minority students in its undergraduate courses.
It said the college has the authority to conduct interviews in addition to the common university entrance test (CUET) for the admission of students belonging to the minority community but it cannot force the non-minority candidates to additionally undergo an interview.
The matter would be heard next in May.
