1991 (12) TMI 276 - SC - Indian Laws

Supreme Court upholds minority college's autonomy in admissions process under Article 30(1)

ST. STEPHEN'S COLLEGE Versus UNIVERSITY OF DELHI

ST. STEPHEN'S COLLEGE Versus UNIVERSITY OF DELHI - 1992 AIR 1630 1991 (3) Suppl. SCR 121, 1992 (1) SCC 558, 1991 (4) JT 548, 1991 (2) SCALE 1217 Issues Involved:1. Whether St. Stephen's College is a minority-run institution.2. Whether St. Stephen's College as a minority institution is bound by the University circulars dated June 5, 1980, and June 9, 1980.3. Whether St. Stephen's College and the Allahabad Agricultural Institute are entitled to accord preference to or reserve seats for students of their own community and whether such preference or reservation would be invalid under Article 29(2) of the Constitution.Summary:First Issue: Minority Status of St. Stephen's CollegeSt. Stephen's College was established in 1881 by the Cambridge Mission in collaboration with the Society for the Propagation of the Gospel (SPG). The College was founded to impart Christian religious instruction and education based on Christian values. The College has maintained its Christian character through its name, emblem, motto, and religious instruction. The Constitution of the College, including the Memorandum of the Society and Rules, reflects its Christian character. The management of the College is looked after by the Supreme Council and the Governing Body, both of which have a significant Christian presence. The Principal and Vice Principal must be members of the Church of North India. The College's Constitution has been registered with the Registrar of Joint Stock Companies and the University of Delhi, and the University has not objected to any of its provisions. Therefore, St. Stephen's College is established and administered by a minority community, viz., the Christian community, which is a religious minority in India and the Union Territory of Delhi.Second Issue: University CircularsThe University issued circulars on June 5, 1980, and June 9, 1980, directing that all colleges, including St. Stephen's College, admit students solely on the basis of merit determined by the percentage of marks secured in qualifying examinations. St. Stephen's College has been following its own admission programme for over 100 years, which includes an interview process. The College argued that its admission programme is an integral part of its administration, which it is entitled to under Article 30(1) of the Constitution. The University circulars, if followed, would disrupt the College's established admission process. The College also contended that Christian students generally lack merit compared to other applicants and would be disadvantaged if admissions were based solely on marks. Therefore, the circulars are not merely regulative but interfere with the College's right to administer its own admission programme.Third Issue: Preference and ReservationSt. Stephen's College and the Allahabad Agricultural Institute accord preference to students of their own community. St. Stephen's College gives relaxation up to 10% to Christian students and similar concessions to Scheduled Castes/Scheduled Tribes and sportsmen. The College argued that without such concessions, Christian students would not be within the zone of consideration. The Delhi University and the Students' Union contended that the circulars ensure uniformity and fairness in admissions and that the College cannot practice discrimination based on religion as it receives maintenance grants from the government. Article 30(1) of the Constitution allows minorities to establish and administer educational institutions of their choice, but this right is subject to the State's power to regulate education and maintain standards. Therefore, while the College can manage its affairs, it must adhere to regulations that ensure educational standards and fairness.Conclusion:The Supreme Court held that St. Stephen's College is a minority-run institution and has the right to administer its own admission programme under Article 30(1) of the Constitution. However, this right is subject to the State's power to regulate educational standards and ensure fairness in admissions. The College's practice of giving preference to Christian students and others through concessions is valid, provided it does not compromise educational standards and fairness.