The Delhi High Court has directed the Delhi University to ensure that the allocation/allotment of Post-Graduate seats in St Stephen College is not disproportionate. The Court also directed the DU to consider framing an appropriate policy or guideline to govern the allocation/allotment of seats amongst various colleges.

In that context, the Bench of Justice C Hari Shankar observed that, "The DU would ensure, henceforth, that allocation/allotment of PG seats in the petitioner-College is not disproportionate. Among other considerations, the DU may consider, in deciding on the number of PG seats to be allotted, the infrastructure available with the concerned College, and the number of UG students in that course of study admitted in the College. These, however, are merely suggestions, and the DU is at liberty to adopt any objective criterion as it deems fit in that regard."

It was further said that, "In order to avoid further heartburn on this score, the DU is directed to consider framing of an appropriate policy or appropriate guidelines, to govern allocation/allotment of seats in PG courses amongst various colleges."

Counsel Romy Chacko, along with others, appeared for the petitioner, while Counsel Mohinder JS Rupal and Counsel Hardik Rupal appeared for the respondents.

St. Stephen's College requested the Delhi University to allocate a proportionate number of postgraduate seats to the college or provide guidelines for seat allocation. In response, Delhi University objected to St. Stephen's practice of conducting additional interviews for students already selected by the university for postgraduate courses. Consequently, Delhi University decreased the number of seats allotted to St. Stephen's College.

The counsel for the DU submitted that so long as the petitioner college restricts the holding of interviews for admission of PG students only to students belonging to the Christian minority community, the DU would not have any objection and would hereafter ensure that there is proportionate allocation of PG seats to the petitioner college, without the number of seats allocated being disproportionately less as compared to the seats allotted to other colleges.

In light of the same, it was said that, "it is not necessary for this Court to enter in merits into the aspect of the reasonability of the method of allocation of seats in the PG courses, by the DU."

The Court did take note of the fact that there is no guideline whatsoever governing such allocation. In light of the same, it was said that, "This is not an acceptable situation. Grant of uncanalized and absolute discretion is an invitation to arbitrariness. While the Court cannot, in exercise of the jurisdiction vest in it by Article 226 of the Constitution of India, direct framing of guidelines, or creation of a policy19, it is deemed appropriate that the DU be directed to consider doing so, in order to avoid any scope for arbitrariness."

Subsequently, the writ petition was disposed while permitting the petitioner college to subject minority students, seeking admission to PG courses in the petitioner college to interview and to allocate 15% marks to interviews with 85% being allocated for the students’ CUET score. The Court clarified that non-minority students would, however, not be subjected to any interview for admission to PG courses in the petitioner college. Their admission would solely be based on their CUET score.

Appearances:

Petitioner: Counsels Romy Chacko, Shakti Chand Jaidwal, Prashant Kumar, Sachin Singh Dalal

Respondents: Counsels Mohinder JS Rupal, Hardik Rupal

Cause Title: St Stephen's College vs University of Delhi & Ors.

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Delhi High CourtJustice C Hari ShankarDelhi University

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