Regarding article 29 2 of the indian constitution and article 30 1 of the indian constitution, the case of st stephens college vs university of delhi is significant. The Supreme Court of India heard a challenge to the legitimacy of the college’s admissions policy and the priority granted to Christian candidates through a 10% reservation. Founded in 1881, St. Stephen’s College became one of the first three founding elements of the university of delhi upon its affiliation.
st stephens college vs university of delhi Case Facts
- The case concerns Delhi University-affiliated St. Stephen’s College in New Delhi. The organization received grants from the state and was an assisted educational facility. Every academic year, they adhered to their own entrance program. Christian students were to be given preference according to the admissions program.
- The college released its “Admission Prospectus” for the academic year 1980-1981 on May 25, 1980. It stated, among other things, that applications for admission to the first-year course must be received in the college office by June 20, 1980, at the latest, and that an interview would take place before a final decision on admission to the college was made.
- The University sent out a circular offering an admissions program to all connected colleges on June 5, 1980. On June 9, 1980, the university sent out another circular to the heads of all connected colleges, stating that admission to B.A. (pass) and B.A. vocational study programs would be determined by the proportion of marks that students received in the qualifying examination.
st stephens college vs university of delhi Issues
- Does St. Stephen’s College, a school managed by a minority, have the freedom to create its own admissions policies without following university of delhi rules?
- How far can minority educational institutions utilize their rights under article 30 1 of the indian constitution without going against Article 29(2) and Article 15’s duty of equality?
Contentions by the Parties
Petitioner:
- Given that St. Stephen’s College is a constituent college rather than a maintained college, the learned counsel argued that the college belongs to a religious minority.
- The counsel went on to say that the college has always exercised its administrative authority in determining when to close applications and conducting student interviews, and that this was not a novel method.
- Furthermore, it was said that processing the 6000 applications they receive each day for the 300 seats that are open comes from all across the nation, making it incredibly challenging.
- The learned counsel went on to say that conducting interviews has been a crucial component of the administration and that choosing students based just on their grades would violate the college’s core constitutional rights under Article 30.
- Because the College is a minority, the lawyer argued in court that the University’s circulations are void at first glance.
Respondent:
- On behalf of the respondents, the learned counsel cited the Delhi University Act, Ordinance II, and other pertinent university statutes to support their decision to issue the circulars. Specifically, they cited Statute 30, which mandates that all colleges adhere to the university’s rules, regulations, and ordinances.
- The attorney also cited Ordinance XVIII, which requires all colleges to establish a Staff Council, of which the principal serves as the ex-officio chairman. The council’s mandate includes recommendations for the creation of admission policies, so the college is unable to establish its own admissions standards and procedures that conflict with those of the university.
- Additionally, it was argued that the College is not Indian in origin and was founded by the Cambridge Foreign Mission, for which it is not protected by article 30 1 of the indian constitution.
- The attorney further argued that St. Stephen’s College receives maintenance funding from the University Grants Commission, just like any other college. As a result, the College is prohibited from making linguistic or religious discrimination.
- The attorney contended that the University’s circulars did not infringe upon any of the College’s fundamental rights. Consequently, the attorney filed an appeal with the court, requesting that the College be instructed to adhere to the University’s standards.
st stephens college vs university of delhi Judgment
The Supreme Court rendered an important decision that made clear minority educational institutions’ autonomy with regard to admissions:
- The Court determined that, in accordance with Article 30(1) of the Constitution, St. Stephen’s College, as a minority educational institution, is entitled to create and manage its own admissions policies.
- It decided that minority colleges may set aside up to 50% of their seats for members of their own community and admit the other students on the basis of merit and the general requirements set forth by the university that affiliates with them.
- The ruling highlighted how fair and open minority institution admissions processes must be to prevent discriminatory selection practices and to uphold the academic standing of students from different communities.
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