2008 judgement in focus as DU, St Stephen’s College clash over principal’s appointment

Even as a fresh tussle brews between Delhi University and St Stephen’s College over the appointment of the college principal, a 2008 court judgement has brought renewed focus on the provisions given to minority institutions in choosing their heads.

The ruling, delivered in a dispute similar to the present one at the time of the appointment of Valson Thampu as the principal, had held that St Stephen’s College, being a minority institution, was not bound by provisions of the DU ordinance relating to the constitution of selection committees for appointing principals.

The judgement has gained significance after the university recently asked the college not to proceed with the appointment of Susan Elias as the new principal, saying the selection committee was not constituted in accordance with the University Grants Commission regulations. 

“In the result, the petition succeeds. It is declared that Clause 7(2) of Ordinance XVIII of Delhi University does not apply to the petitioner, which is a minority institution. The petitioner is directed to proceed with the selection process for filling up the post of Principal, which is vacant since January 2007, and fill up the post of Principal within eight weeks from today,” the judgement had said.

In its ruling delivered on August 21, 2008, the Delhi High Court had declared that the clause of the Delhi University, which prescribed the composition and procedure of the selection committee for appointment of principals, would not apply to St Stephen’s College.

The division bench had further held that the right to appoint a principal is a key facet of the constitutional right of minority institutions to administer educational institutions under Article 30(1) of the Constitution.

Advocate Romy Chacko, who had argued for the college in the case, said, “The letter sent by the registrar to the college holds no merit, as had been highlighted by the court in a very similar case in 2008. The court had observed that as a minority institution, the college could appoint its own head, as long as qualifications were met.”

Chacko is also representing the college in a separate case between the college and the university regarding the last principal, John Varghese’s term extension.

Aman Kumar, an elected EC member of DU and a part of the committee, said, “We will be asking the college to send all the related information of the appointed teachers, along with their API scores, so it can be properly investigated. It is indeed a minority college, but at the same time, the rules need to be followed.”