Ensure PG Seats Allotment In St Stephen's College Is Not Disproportionate: High Court To Delhi University

The Delhi High Court on Monday directed the Delhi University (DU) to ensure that henceforth, the allocation or allotment of PG seats in St Stephen's College is not disproportionate.

Justice C Hari Shankar said that while ensuring the allocation, DU may consider the infrastructure available with the concerned College and the number of UG students in that course of study admitted.

“These, however, are merely suggestions, and the DU is at liberty to adopt any objective criterion as it deems fit in that regard,” the court said.

It further directed DU to consider framing of an appropriate policy or appropriate guidelines to govern allocation or allotment of seats in PG courses amongst various colleges.

Justice Shankar permitted St Stephens College to subject minority students, seeking admission to PG courses, to interview and to allocate 15% marks to interview with 85% being allocated for the students' CUET score.

“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 on the basis of their CUET score,” the court said.

The court took note of a ruling of a division bench in St. Stephen's College v. University of Delhi wherein the college was entitled to continue to hold an interview, and allocate 15% marks to the interview with 85% marks for CUET score, in the case of minority students to be admitted by it.

Justice Shankar was dealing with a plea moved by St Stephens seeking a direction upon DU To allot proportionate number of PG seats in the college. In the alternative, the college sought laying of guidelines for allocation of seats to P.G. course.

DU took serious exception to the practice of St Stephens college in subjecting the students, who had already been selected and shortlisted by the DU for admission to postgraduate courses, to an additional round of interview. Accordingly, DU reduced the number of seats allocated to St Stephens college.

While disposing of the plea, the court took note of the fact that there is no guideline governing the allocation of seats by DU.

Observing that the same is not an acceptable situation, Justice Shankar said that 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 policy, it is deemed appropriate that the DU be directed to consider doing so, in order to avoid any scope for arbitrariness,” the court said.

Counsel for Petitioner: Mr. Romy Chacko, Mr. Shakti Chand Jaidwal, Mr. Prashant Kumar and Mr. Sachin Singh Dalal, Advs

Counsel for Respondents: Mr. Mohinder J.S. Rupal and Mr. Hardik Rupal, Advs. for R-1

Title: ST. STEPHEN'S COLLEGE v. UNIVERSITY OF DELHI AND ORS.

Citation: 2024 LiveLaw (Del) 480

Click here to read order