JAGANNATHA SHETTY - (1.) . Introduction St. Stephen's College at Delhi and Allahabad Agricultural Institute at Naini are two of our premier and renowned institutions. The former has been affiliated to the Delhi University and the latter to the U.P. University. Both are aided educational institutions and getting grant from the State funds. They have their own admission programme which they follow every academic year. The admission programme provides for giving preference in favour of Christian students. It is claimed that they are entitled to have their own admission programme since they are religious minority institutions. The validity of the admission programme and the preference given to Christian students are the issues that need to be resolved in these cases. The questions are of great constitutional importance and consequence to all minority institutions in the country. The Facts in General St. Stephen's College
(2.) . St. Stephen's College was founded on February 1, 1881. It is the oldest College in Delhi. It was first affiliated to Calcutta University and then to Punjab University and thereafter to Delhi University. Upon affiliation to the Delhi University it became one of its three original constituent colleges. The College offers three years degree course in B.A./B.Sc. (Hons), B.A. (Pass) and B.Sc. General as well as two years post-graduate degree course in M.A. and M.Sc. For the academic year 1980-81, the College published "Admissions Prospectus" on 25/05/1980, inter alia, providing that applications for admission for the first year course must be received in the College office on or before 20/06/1980. In the same prospectus, it was also provided that there would be interview prior to final selection of students for admission to the College. It appears that on 22/05/1980 the Vice-Chancellor of the Delhi University in exercise of his emergency powers under Statute 11-G(4 of 575 the Statutes of the University, constituted an Advisory Committee to consider and recommend the dates for admission/registration to various undergraduate/post-graduate courses in the Faculties of Arts and Social Sciences/Mathematics and Science for the academic session 1980-81 and for other related matters concerning admissions. The constitution of the Advisory Committee was approved by the Academic council in its meeting held on 29/05/1980 and the Academic council also authorised the Vice-Chancellor to accept the recommendations of the Advisory Committee for implementation. The Advisory Committee, inter alia, laid down as follows: "(i) Admission to B.A. (Pass)/B.A. Vocational Studies Courses be based on the merit of the percentage of marks secured by students in qualifying examination. (ii) The admission to B. Com. (Pass) B.A (Hons.) and B. Com. (Hons.) Courses be also on the basis of marks. However, the College may give weightage to marks obtained in one or more individual subjects in addition to the aggregate marks of the qualifying examination. But whenever weightage is proposed to be given to individual subjects) by the College, it should be notified in advance to the students through the College Prospectus/Notice Board so that applicants seeking admission know in advance the basis of admission. (iii) That last date for receipt of applications to all the undergraduate courses will be 30/06/1980 and this would be uniformly adhered to by all the Colleges." . These recommendations were accepted by the central Admission Committee and also by the Vice-Chancellor. The Circulars of the University . On 5/06/1980 the University issued circular to all affiliated colleges prescribing the last date for the receipt of applications as 30/06/1980. The circular also provided phased programme of admission as follows: JUDGEMENT_558_1_1992Html1.htm General note: The number of names in all admission lists shall correspond to the number of seats available in the courses concerned. No student whose name appears in an admission list (or 576 who qualifies on the basis of the percentage indicated in the list) shall be denied admission provided he/she pays the fees by the date and time stipulated. JUDGEMENT_558_1_1992Html2.htm
(3.) . On 9/06/1980, the University issued another circular to Principals of all colleges intimating inter alia, that admission to B.A. (Pass)/B.A. Vocational study courses be based on the merit of the percentage of marks secured by students in the qualifying examination. The admission to B. Com. (Pass), B.A. (Hons) and B. Com. (Hons) courses shall be on the basis of marks. However, the college may give weightage to marks obtained in one or more individual subjects in addition to the aggregate marks of the qualifying examination. But whenever, weightage is proposed to be given to individual subject(s) by the college, it should be notified in advance to the students through the College Prospectus/Notice Board so that applicants seeking admission know in advance the basis of admission. This circular also provides certain guidelines for admission to sportsmen and persons with other distinctions. . The Delhi University Students Union had complained to the University authorities that the College was violating the University Statutes and Ordinances by fixing its own time schedule for receipt of applications as well as by stipulating interview before admission. On the basis of this complaint, the Registrar of the University wrote a letter dated 9/06/1980 requesting the Principal of the College to conform to the University schedule communicated to the College by the circular dated 5/06/1980. This was followed by some more correspondence between the College management and the Vice-Chancellor. The College management pointed out that at that late stage, it would not be possible to make any changes in their admission programme. There then the Vice-Chancellor addressed a letter dated 7/06/1980 to the Chairman of the Governing Body of the College staling that as per the decision of the central Admission Committee, the last date for receipt of admission forms for undergraduate courses should be 30/06/1980 and the stipula577 tion of the College as 20/06/1980 for that purpose would be very embarrassing to the University authorities. The Vice-Chancellor again a asked the College management to conform to the dates prescribed by the University.;