There could be no CS judge in a better position to decide on the admissions procedure than Judge Kaul, who had graduated with honors in economics from St Stephens in 1979 and had been the senior lawyer representing the University of Delhi before his appointment as judge of Delhi HC in 2001. The other judge on the bench, who will hear the controversy on Monday, is Justice Abhay S Oka.
St Stephens College had challenged the May 9 communication from the DU asking the minority institution to make admissions to undergraduate courses for General Category students solely on the basis of their entrance test score at Common University (CUET) 2022. The HC had confirmed this part of the communication. The college had insisted that it would subject students to an additional interview before granting admission to undergraduate courses.
However, the HC had set aside the second part of the communication to St Stephens, which called for the establishment of a single merit list for the admission of candidates belonging to the Christian community, regardless of denominations/sub- sects/subcategories within it. .
The college challenged the HC’s decision by filing the request for special leave through attorney Romy Chacko. He said the HC was not justified in considering that the “right to administer” under Article 30(1) does not include the right to select non-minority students on the basis of a further test of an interview, in light of the categorical findings of the Constitution Bench of the Supreme Court in the St. Stephen’s College case in 1992, which held that the right of administration under Section 30 (1 ) includes the right of selection of non-minority students.
The HC failed to understand that its directive to the college to publish and adopt two different sets of admissions procedures, one specific for applicants from the Christian community and the other for open seats/candidates of the general category would be contrary to article 14 (equality before the law) and article 15 (prohibition of discrimination based on religion, race, caste, sex or place of birth) of the Constitution , the college said.