DU's ‘single girl child’ quota violates right to equality: St. Stephen’s in Delhi HC

St. Stephen’s vs DU: The Delhi high court asked if the college raised this objection anywhere before.

Days after denying admission to 12 'single girl child' students to its undergraduate programme, St. Stephen’s College contended before the Delhi High Court on Wednesday that the quota mandated by Delhi University (DU) is violative of the right to equality before the law.

DU admission: Being a religious minority college, St. Stephen’s follows a different admission process. (Sushil Kumar/HT file)

The counsel for the college, senior advocate Romy Chacko, argued that the quota, which reserves seats for single girl children, is ultra vires Article 14, 15(3) and 15(5) and 30 of the Constitution.

Justice Swarana Kanta Sharma questioned whether the college had previously raised this issue.

“Did you raise this objection anywhere earlier at any stage? Did you challenge this policy ever or write to them or file any case?” the judge asked.

Chacko admitted that the college had not challenged the policy earlier but was now compelled to do so because of how the university was implementing the quota.

“We would have no problem if we were asked to admit one girl child. However, today DU argued that if BA (prog) has 13 combinations, 13 girl child students would have to be admitted,” he said, adding the state cannot deny to any person equality before law.

The university’s counsel, advocate Mohinder Rupal, countered that the college had not previously contested the quota and questioned why the college had not challenged DU’s admission bulletin if it disagreed with the provision. The judge remarked that the college might need to challenge the policy separately.

The judge orally observed, “for this I think you (college) will have to challenge it separately”.

According to DU’s admission bulletin, one seat in each program at every affiliated college is reserved under the ‘supernumerary quota for a single girl child’. The policy requires parents or guardians to declare that the applicant is the only child, without any siblings, to qualify for the quota.

The college argued that the policy lacked statutory backing and was an overreach by the university.

“Fundamental rights cannot be taken away by an executive order. This has no statutory backing. All these quotas imposed on us have no statutory backing. Therefore, this particular quota is ultra vires Article 14, 15(3), 15 (5) and 30," he argued.

The court listed the matter for Thursday for hearing arguments on some limited points.

The latest issue adds to the ongoing dispute between Delhi University and St. Stephen's College over the revised admission policies and seat allocation criteria.