‘Given the current environment..’: SC judge recuses from St Stephen’s College case

A bench comprising Justices Kaul and Abhay S. Oka said: “One of us (Sanjay Kishan Kaul, J.) has been an alumni of the college and given the current environment, it would be difficult for this court to take up the matter which raises a constitutional issue. List before a bench of which one of us (Hon. Sanjay Kishan Kaul, J.) is not a member.”

On September 12, the Delhi High Court asked St Stephen’s College to issue a fresh prospectus giving 100 per cent weightage to Common University Entrance Test (CUET) 2022 score for non-minority candidates applying to under-graduate courses, affirming no interviews for the admissions. The college moved the apex court challenging the high court order.

Senior advocate Kapil Sibal, representing the college, pointed at a judge who did not recuse from hearing a case related to minority educational rights, though he was an alumnus of the college.

The bench replied that times are different now and the environment has been vitiated to an extent where it becomes difficult for it.

Sibal submitted that the university, at 5 p.m., was to decide on the admission process and added, what will we do and sought a direction to the university to not take any precipitative steps.

Solicitor General Tushar Mehta submitted that the Delhi University would not take any precipitative action till the court hears the matter.

During the hearing, the apex court noted that it is a niche constitutional point — whether in a minority institution, could there be different norms for people arising from the minority community and non-minority community.

The top court, in its order, said: “In view of the fact that counsel for the petitioner submits that there may be aggravating circumstances by tomorrow itself, Solicitor General states that no precipitative action would be taken till the matters come up for hearing. Place the matters before Chief Justice of India for appropriate orders urgently.”

St Stephen’s College moved the high court against the Delhi University order to withdraw its admission prospectus and allow admissions through the Common University Entrance Test (CUET).

In the order, the high court directed the college to withdraw its admission prospectus and issue a public notice declaring the amended admission procedure, saying the aided minority educational institutions that are affiliated with the university must follow its norms and procedures.

It was also said, in the ruling, that the DU cannot insist upon a single merit list for admission of candidates belonging to the Christian community regardless of any denomination, sub-sex, or sub-activities within the community.

The prospectus issued by St Stephen’s for admissions 2022-23 states that students from all categories, including general/unreserved seats, will be admitted on the basis of an 85:15 ratio. While 85 per cent of weightage would be given to the CUET, 15 per cent weightage would be given to interviews.

However, this decision goes against the Delhi University guidelines issued for admissions to the new academic session which led to a row between Delhi University and St Stephen’s College.