Delhi HC nod for Christian quota student to attend classes at St Stephen’s

The court restrained the college from allocating further seats in the minority quota till further orders

A division bench of the Delhi high court on Monday permitted one of the Christian candidates, who was not granted admission by the single judge in the BA programme offered by St Stephens College, to attend classes.

The student’s counsel submitted that one of the students, granted admission by the single judge, had declined to take admission in the course, and thus, a seat was lying vacant in said combination. (HT Archive)

A bench of chief justice Manmohan and justice Tushar Rao Gedela, however, restrained the college from allocating further seats in the minority quota till further orders.

“Keeping in view that fact that the single judge in the impugned judgment and order has found that 18 students are entitled to admission/allocation in St Stephens College as minority students and the fact that one seat is vacant in the combination opted for by the appellant student, this court in the interim permits, Ms Benjamin Thomas Varghese, to attend the classes till further orders. However, it is clarified that she will not claim equity and the principle of lis pendens (suit pending) will apply,” the bench said in its order.

The bench added: “The appellant college shall not make any further allocation of seats in the minority quota till further orders. DU shall open the fee and admission portal for the student.”

The court was responding to a plea filed by the college against a single judge’s order on October 14 that granted admission to 18 out of the 19 students in its minority quota.

In its order, a bench of justice Swarana Kanta Sharma had granted admission to 18 students, saying that their allocation by the college was as per the seat matrix and in conformity with the 5% excess allocation policy. Justice Sharma had, however, refused to grant admission to the 19th student saying that the same was beyond the seat matrix as well as the 5% excess allocation policy.

In her 32-page verdict, the single judge had said that a college, being an aided minority educational institution, could not claim to have absolute unbridled powers to exercise discretion against the policies framed by the university to which it is affiliated. The court also held that the college and the varsity are required to follow the seat matrix sans any deviation.

In its petition before the division bench argued by senior advocate Romy Chacko and advocate Kartik Venu, the college argued that the single student not granted admission was attending classes since August 29 and justice Sharma erred in relying on the ruling in Hargun Singh Ahluwalia’s case. In said ruling, a bench of justice Swarna Kanta Sharma had held that the 13 BA programmes offered by the varsity were “distinct”, having different seat matrix and the policy would also be extended to the Christian quota students as well. The college’s plea went on to add that the allocation was there was no increase in the number of permitted intakes.

The student’s counsel submitted that one of the students, granted admission by the single judge, had declined to take admission in the course, and thus, a seat was lying vacant in said combination.

Opposing the plea, the varsity, represented by advocate Mohinder JS Rupal, submitted that all the colleges affiliated to the varsity have been following its undergraduate (UG) curriculum framework which provides for BA programmes as courses of two different disciplines. He contended that the college could not take law into its own hands by permitting the student to attend the classes, despite not being granted admission by the varsity.

The court will now hear the plea on January 28, when it will also consider St Stephen’s plea challenging justice Swarana Kanta Sharma’s September 6 ruling.