The Supreme Court on Wednesday directed the Delhi High Court to give “requisite urgency” to a plea filed by St. Stephen's College challenging a High Court order related to its admission policy.
Last year, on September 12, the Delhi High Court instructed the Christian minority institution to adhere to Delhi University's admission policy, which grants 100% weightage to the Common University Entrance Test (CUET)-2022 score for non-minority students seeking admission to its undergraduate courses.
The High Court's ruling explicitly stated that the college should not conduct interviews for non-minority category students, and admissions should be solely based on the CUET score. The SC bench comprising Justices BR Gavai and JB Pardiwala clarified that the High Court has the jurisdiction to hear the case. “We clarify that the High Court will be at liberty to proceed further with the hearing of the writ petition pertaining to admissions under the minority quota. It is needless to state that since the matter pertains to admissions for the present academic year, the high court would consider the same with requisite urgency” the judges said.
During the hearing, the counsel representing St. Stephen's College informed the court that the High Court had postponed the plea's hearing, taking into account the Supreme Court's involvement. They sought clarification on whether the High Court can proceed with hearing the plea concerning admissions from the minority category. Additional Solicitor General Vikramjit Banerjee, appearing for Delhi University, assured that the varsity has no objections to the matter being heard either by the apex court or the High Court. In response, Justice Gavai remarked, “Let the Delhi High Court decide then.” The Supreme Court had previously declined to stay the Delhi High Court's order, which had directed St. Stephen's College to adhere to Delhi University's prescribed admission policy.
In its order last year, the Delhi High Court also clarified that the constitutional rights accorded to a minority institution do not extend to non-minority candidates.
While the college retains the authority to conduct interviews for admitting Christian students, non-minority candidates should not be compelled to appear for additional interviews apart from their CUET scores.