SC Directs Delhi HC to Urgently Consider St. Stephen’s College Admission Plea

The Supreme Court has directed the Delhi High Court to consider the plea filed by St. Stephen’s College with “requisite urgency.” The college had appealed against a high court order that instructed it to follow Delhi University’s admission policy.

Last year, on September 12, the Delhi High Court had directed the Christian minority institution to adhere to Delhi University’s admission policy, which gives 100 percent weightage to the Common University Entrance Test (CUET)-2022 score for admitting non-minority students in undergraduate courses. The high court ruled that the college could not conduct interviews for non-minority category students, and admission should be solely based on the CUET score.

A bench comprising Justices B R Gavai and J B Pardiwala clarified that the high court could continue hearing the matter. They emphasized that the high court should consider the issue with necessary urgency since it pertains to admissions for the current academic year.

During the hearing, the counsel representing the College informed the court that the high court had adjourned the plea’s hearing, considering the Supreme Court’s involvement. The counsel sought clarification that the high court could proceed to hear the plea concerning admissions from the minority category.

Additional Solicitor General Vikramjit Banerjee, representing Delhi University, stated that the university did not object to the matter being heard either by the Supreme Court or the high court. Justice Gavai, then, suggested that the Delhi High Court should decide on the matter.

Previously, the Apex Court had refused to stay the Delhi High Court’s order, which asked St. Stephen’s College to follow Delhi University’s prescribed admission policy. The high court had asserted that the rights accorded to a minority institution under the Constitution could not be extended to non-minority applicants. It allowed the college to conduct interviews, along with considering the CUET score, for admitting Christian students, but it could not mandate non-minority candidates to go through an interview process.

The high court had also directed St. Stephen’s College to withdraw its prospectus that allocated 15 percent weightage to interviews for admission to unreserved seats while also considering the CUET score. The high court clarified that Delhi University could not insist on a single merit list for admission of candidates from the Christian community, irrespective of denomination.

The case originated from petitions filed by a law student and the college, challenging the legality of the admission procedure for unreserved non-minority seats in undergraduate courses.