The Supreme Court on Thursday asked St Stephen’s College to approach the High Court on the constitutional validity of Delhi University’s right to appoint principals for the minority institution.
A bench of Justices B N Aggrawal and G S Singhvi while declining to hear the institution's writ petition, however, allowed it to withdraw the same for approaching the Delhi High Court.
In its petition filed through counsel Romy Chacko, the college had challenged Clause 7 (2) of the Delhi University's 2002 ordinance, which empowered the varsity to appoint principal for the college as being violative of the Constitution and destroying its minority character.
The petition cited a number of judgements of the apex court wherein it had ruled that minority institutions enjoyed the absolute power to appoint teachers and principals for their respective institutions as provided under Article 30 of the Constitution.
Article 30 provides special powers to minorities to establish and administer educational institutions.