The right to run educational institutions is not absolute and can be subjected to valid restrictions imposed by the State - Delhi HC

Case: St Stephens College v. University of Delhi and Anr

Bench: A Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad

The Delhi High Court held that the right of minorities to establish and administer educational institutions under the Constitution is not absolute and can be subjected to valid restrictions imposed by the State.

As a result, the bench ordered St Stephen's College to withdraw its admission prospectus, stating that 85% of admissions would be based on the Common University Entrance Test (CUET) marks, while 15% would be based on interviews.

The Court held that although Article 30 is framed in absolute terms, it is subject to regulations, which cannot be proposed to benefit society at large or the state. As the judges stated, these regulations must first and foremost be designed to safeguard the excellence of minority institutions and advance the interests of minority communities. 

The Court was hearing a batch of petitions concerning St Stephen's College's admission policy. The College had moved to the Delhi High Court against Delhi University’s letter, wherein the University had instructed the College not to interview non-reserved students seeking admission into the College's undergraduate course. The letter also asked St Stephens to employ a single merit list for admission of candidates of all denominations of the Christian community.

Furthermore, DU stated that minority institutions such as St Stephen's can give 15% weightage to interviews when dealing with admissions in reserved categories, but for unreserved seats, admissions should be based solely on CUET scores.

St Stephen’s refused to follow the admission policy and declared that it will give 85% to the CUET score and 15% weightage to interviews.

According to the Court, non-minority members are not entitled to the fundamental right given to minority institutions under Article 30(1) of the Constitution of India. It directed St Stephens to issue a new prospectus giving CUET scores 100% of the weightage for admission under non-minority categories. However, the Court rejected Delhi University’s argument on publishing a single merit list for admission.