The Delhi High Court has dismissed a petition assailing the interview process for Christian candidates seeking admission at St Stephen’s College..The Supreme Council and the Governing Body & Society of St Stephen’s College had taken a decision that Christian candidates would be interviewed by a board having at least one Christian member nominated by them..Dismissing the challenge, the Delhi High Court held,.“That the institute which is a minority institution seeks to maintain its Christian tenets and its Christian outlook and philosophy cannot be sought to be assailed by the petitioners on the anvil of Article 14 of the Constitution which in no manner is infringed in the instant case.”.The judgment was passed by a Single Judge Bench of Justice Anu Malhotra in a petition by three professors of St Stephen’s College..The petitioners had also sought a direction that apart from the Principal, no member of the Supreme Council of St Stephen’s College should be allowed to be a member of the interview panel for admissions for the academic year 2019-20..The Supreme Council consists of members of the Church of North India. The Governing Body of the college normally consists of 18 persons, with the Bishop of the Diocese of Delhi as its Chairman..The petitioners feared the induction of a “management quota” through induction of a Christian member nominated from the Supreme Council or the Governing Body..It was also contended that such an interview panel would detract from the observance of the inter se merit amongst the eligible minority applicants..In this background, it was submitted that no minority institution in the exercise of its rights under Article 30 of the Constitution of India could be allowed to indulge in maladministration..It was further added that the induction of a Christian member nominated by the Supreme Council from the Governing Body was in violation of Clause 5 of the Constitution of the college. As per Clause 5, the Supreme Council had no jurisdiction over the administration of the college..The Supreme Council and the Governing Body & Society argued that Clause 5 could not be read in isolation..It was stated that Clause 11 of the college’s Constitution provided that all matters pertaining to religious instruction or the religious character of the college shall be the sole concern of the Supreme Council..Rebutting claims of unfairness, it was also submitted that the presence of the nominated person in the interview panel for selection of Christian candidates would not in any manner detract from the merit of the candidature of a student. The opinion of all the members is taken into account and the final list of candidates selected for admission is put up on the basis of consensus among all of them, it was argued..The Court recorded that the candidates called for the interview were those who achieved the requisite cut off marks, even for the Christian category. Thus, it could not in any manner be contended that the presence of a Christian member of the Governing Body on the interview panel for interviewing Christian candidates would in any manner impinge on the education standards of the institution, the Court said..It also observed that the oral interview was a supplementary test and not an exclusive test for assessing the suitability of a candidate for college admission..The Court further perused the list of the nominated Christian members of the interview board from the Governing Body, and concluded that each one of them was well educated in their respective disciplines..The Court also added,.“Significantly, there has been no grievance put forth by any Christian student of being in any manner discriminated against by the decision.”.The petition was thus dismissed by the Court for being devoid of any merit..The petitioners were represented by Senior Advocate Jayant Bhushan with Advocate Sunil J Mathews..St Stephen’s College was represented by Senior Advocate A Mariarputham with advocates Rajesh Roshan and Romy Chacko..Read the Judgment:
The Delhi High Court has dismissed a petition assailing the interview process for Christian candidates seeking admission at St Stephen’s College..The Supreme Council and the Governing Body & Society of St Stephen’s College had taken a decision that Christian candidates would be interviewed by a board having at least one Christian member nominated by them..Dismissing the challenge, the Delhi High Court held,.“That the institute which is a minority institution seeks to maintain its Christian tenets and its Christian outlook and philosophy cannot be sought to be assailed by the petitioners on the anvil of Article 14 of the Constitution which in no manner is infringed in the instant case.”.The judgment was passed by a Single Judge Bench of Justice Anu Malhotra in a petition by three professors of St Stephen’s College..The petitioners had also sought a direction that apart from the Principal, no member of the Supreme Council of St Stephen’s College should be allowed to be a member of the interview panel for admissions for the academic year 2019-20..The Supreme Council consists of members of the Church of North India. The Governing Body of the college normally consists of 18 persons, with the Bishop of the Diocese of Delhi as its Chairman..The petitioners feared the induction of a “management quota” through induction of a Christian member nominated from the Supreme Council or the Governing Body..It was also contended that such an interview panel would detract from the observance of the inter se merit amongst the eligible minority applicants..In this background, it was submitted that no minority institution in the exercise of its rights under Article 30 of the Constitution of India could be allowed to indulge in maladministration..It was further added that the induction of a Christian member nominated by the Supreme Council from the Governing Body was in violation of Clause 5 of the Constitution of the college. As per Clause 5, the Supreme Council had no jurisdiction over the administration of the college..The Supreme Council and the Governing Body & Society argued that Clause 5 could not be read in isolation..It was stated that Clause 11 of the college’s Constitution provided that all matters pertaining to religious instruction or the religious character of the college shall be the sole concern of the Supreme Council..Rebutting claims of unfairness, it was also submitted that the presence of the nominated person in the interview panel for selection of Christian candidates would not in any manner detract from the merit of the candidature of a student. The opinion of all the members is taken into account and the final list of candidates selected for admission is put up on the basis of consensus among all of them, it was argued..The Court recorded that the candidates called for the interview were those who achieved the requisite cut off marks, even for the Christian category. Thus, it could not in any manner be contended that the presence of a Christian member of the Governing Body on the interview panel for interviewing Christian candidates would in any manner impinge on the education standards of the institution, the Court said..It also observed that the oral interview was a supplementary test and not an exclusive test for assessing the suitability of a candidate for college admission..The Court further perused the list of the nominated Christian members of the interview board from the Governing Body, and concluded that each one of them was well educated in their respective disciplines..The Court also added,.“Significantly, there has been no grievance put forth by any Christian student of being in any manner discriminated against by the decision.”.The petition was thus dismissed by the Court for being devoid of any merit..The petitioners were represented by Senior Advocate Jayant Bhushan with Advocate Sunil J Mathews..St Stephen’s College was represented by Senior Advocate A Mariarputham with advocates Rajesh Roshan and Romy Chacko..Read the Judgment:
