27 July 2023 3:30 AM GMT
The Delhi High Court has permitted St. Stephen’s College to adopt 85% weightage for CUET score and 15% for the interview for admission of Christian minority candidates to undergraduate programmes.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad added that the varsity will adopt the marks secured in CUET alone as the sole eligibility criteria for...
The Delhi High Court has permitted St. Stephen’s College to adopt 85% weightage for CUET score and 15% for the interview for admission of Christian minority candidates to undergraduate programmes.
A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad added that the varsity will adopt the marks secured in CUET alone as the sole eligibility criteria for admissions of non-minority candidates.
It said the arrangement shall be an interim measure and that the admissions would be subject to the final outcome of St. Stephen’s plea challenging the Delhi University’s decision of insisting on 100% weightage for CUET score for admission to minority quota in the college.
“Accordingly, as an interim measure, this Court directs that the admission policy as framed by this Court vide judgment dated 12.09.2022 shall be followed for the Academic Year 2023- 24 and the St. Stephen’s College will adopt the marks secured in the CUET with 85% weightage for CUET and the College's interview for shortlisted candidates with a weightage of 15% for Christian minority candidates,” the court said.
St. Stephen’s had challenged the decision of Delhi University’s Executive Council dated December 08, 2022 and a notification issued on December 30, 2022, as being ultra vires and unconstitutional.
While granting the interim relief, the bench directed that the admission policy as framed by it in a judgment dated September 12, 2022, which held that St. Stephens College retains its authority to conduct interviews in addition to the CUET for admissions of minority community candidates, shall be followed by the varsity for the Academic Year 2023- 24.
“Allowing the Petitioner college to admit students from the minority community, by giving 85% weightage to their CUET scores and 15% weightage to their interview would be best for furthering their interest. In view of the this, the impugned UGC communication dated 06.04.2022, prima facie is in conflict with the right of the Petitioner College under Article 30(1) of the Constitution of India and the decision in St. Stephens College v. University of Delhi & Anr,“ the court said.
It added: “A conjoint reading of the aforesaid judgment, the minutes of the meeting dated 08.12.2022 and the impugned notification dated 30.12.2022 prima facie shows a complete lack of reasoning as to why the judgment of this Court has been given a go-by by the Respondents and indicates non-application of mind on their part while making the impugned decision.”
The court observed that a prima facie case was made out that St. Stephen’s will suffer an irreparable loss if interim relief is not granted and that the balance of convenience was also in its favour. “The writ petitions are admitted. List in due course,” the court said.
Title: ST STEPHENS COLLEGE v. UNIVERSITY OF DELHI AND ANR
Citation: 2023 LiveLaw (Del) 627
Click Here To Read Order