SC relief to DU’s St Stephen’s in admission of minorities

The interim order was subsequently challenged in the Supreme Court by DU and the UGC in two separate orders

The Supreme Court on Monday refused to interfere with a Delhi high court interim order, allowing St Stephen’s College to conduct interviews of Christian candidates seeking admission under the minority quota, and said that any order passed at this stage will be “too late” and will result in “uncertainty” among students.

St Stephen’s had earlier argued that over the years, it admitted candidates to undergraduate courses by earmarking 15% of the score for a personal interaction or interview, (HT Archive)

The high court, in its July 21 order, permitted St Stephen’s College to admit Christian minority students on the basis of 85% weightage for their Common University Entrance Test (CUET) scores and 15% weightage for interviews. The court, however, clarified that for non-minority students, the varsity will adopt the marks secured in CUET alone as the sole eligibility criteria.

The interim order came on a petition by the college, asking for a stay on a December 8, 2022 decision by the Delhi University executive council, insisting that all colleges consider only CUET scores while granting admission to minority candidates.

The interim order was subsequently challenged in the Supreme Court by DU and the University Grants Commission (UGC) in two separate orders.

Dismissing the two petitions, a Supreme Court bench of justices AS Bopanna and PS Narasimha on Monday said, “Taking note that the order passed is an interim order and the high court has made admission subject to the final outcome of the writ petition, we see no reason to interfere at this stage.”

DU, represented by solicitor general Tushar Mehta, told the court that the last date for the close of admissions is August 31, and St Stephen’s should not be permitted to proceed with interviews of minority candidates. Defending the December 30, 2022 notification, Mehta said, “Last year, the college was allowed to give 15% weightage to interview. This year, we insisted they can select only meritorious students based on CUET scores against the minority seats. Due to the HC order, meritorious candidates are being left out.”

St Stephen’s, represented by senior advocate A Mariarputham and advocate Romy Chacko, said that the admission process for this academic year is over. The senior counsel stated that the admission was not “unilateral” as DU was supplied with the final list of students admitted under the Christian quota. The list was approved and DU sent email to students for paying fees, they said.

The bench told Mehta, “It will be unfair to students to interfere at this stage. There will be uncertainty among student community.” Pointing out that DU has endorsed the admissions, the bench said, “You have written to the students to pay fees and the letter does not say the admission will be subject to the order (of high court). You are a little late to approach us.”

Mehta told the court that DU was bound to process the admissions, else there would be contempt of the HC order. The court said, “The high court order is of July 21 and one month has passed. You should have approached us before. The 15% weightage is an issue you will have to argue before the high court.”

The bench wished to know during the hearing if any meritorious students had approached the court, complaining against the interview process. Senior advocate Arun Bhardwaj, appearing for a Christian candidate, said that a petition is in the process of being filed as the petitioner attended the interview but did not get admission. The solicitor general told the court that it is only a matter of opening a small window for such candidates.

“St Stephen’s is a prime college where admission cut-offs end at 98-99 %. If a window is provided, the admission process can be over within a day,” Mehta said.

The bench maintained its stand and said, “At this stage there will be more confusion if we interfere as some students would have already been interviewed. It could happen next year. As per the interim order, let admissions go on.

St Stephen’s had earlier argued that over the years, it admitted candidates to undergraduate courses by earmarking 15% of the score for a 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. However, a controversy over CUET being applicable to minority quota seats had arisen, following which the high court permitted St Stephen’s to conduct interviews for its Christian minority candidates. Relying on this order, the high court extended the benefit to the college for this year too.