Grant of Uncanalized and Absolute Discretion is an Invitation to Arbitrariness: Delhi High Court Directs DU to Ensure Proportionate PG Seat Allocation to St. Stephen’s College

In a significant ruling, the Delhi High Court has directed the University of Delhi (DU) to ensure proportionate allocation of postgraduate (PG) seats to St. Stephen’s College, highlighting the need for objective guidelines to govern seat allocation among affiliated colleges to prevent arbitrariness. The judgment, delivered by Justice C. Hari Shankar, underscores the balance between the rights of minority educational institutions under Article 30(1) of the Constitution and the need for fair administrative practices in seat allocation.

The litigation stemmed from St. Stephen’s College’s contention that DU had been allocating a disproportionately low number of PG seats to the college compared to other affiliated colleges, which it claimed was arbitrary and lacked any objective guidelines. The college argued that such allocation infringed upon its rights as a minority institution to establish and administer educational facilities under Article 30(1) of the Constitution.

The petitioner college pointed out significant disparities in seat allocations between St. Stephen’s and other colleges, arguing that neither the number of undergraduate seats in the college nor its infrastructural capacity justified the reduced PG seat allocation. The college further attributed the reduced allocation to its refusal to co-opt DU representatives on its selection panel and its practice of interviewing PG candidates — a method DU objected to, claiming it created disharmony and logistical challenges.

The court affirmed the rights of minority institutions to have autonomy in their admission processes, referencing Supreme Court precedents which allow such institutions to devise their admission criteria. However, it also emphasized the need for regulations ensuring educational standards are not compromised.

Minority Rights: St. Stephen’s College can continue its practice of interviewing minority students for PG admissions, assigning 15% weightage to interviews alongside 85% to CUET scores.

Non-Minority Students: The college must admit non-minority students based solely on their CUET scores, adhering to a recent interim order until a pending Supreme Court decision.

Seat Allocation Norms: DU must ensure equitable PG seat distribution, taking into account factors such as available infrastructure and undergraduate intake in corresponding disciplines.

The court directed DU to consider establishing clear, objective guidelines for PG seat allocation across affiliated colleges to prevent any future allegations of arbitrariness. This measure aims to foster transparency and fairness in the admission processes across the University.

Decision The judgment resolved the writ petition by setting terms for interview processes and seat allocation practices, thus balancing the rights of the minority institution with the need to maintain academic and administrative fairness.

Date of Decision: April 22, 2024

St. Stephen’s College v. University of Delhi and Ors,