Delhi University single girl child quota’ is “ ex-facie unconstitutional”, St. Stephen College stated in the High Court on Wednesday amid a row over the allocation of the seats for this academic session. While arguing against the pleas by the Delhi University (DU) aspirants, who have been allocated seats at St Stephen’s College, the institution claimed in the court that allocations are “in excess of the permitted intake limit”, adding that it has so far been “tolerated”.
Senior advocate Romy Chacko, arguing on behalf of the college, submitted before the court of Justice Swarana Kanta Sharma on Wednesday, “Until 2022 CUET (Common University Entrance Test) was not there, the university did not come into the picture. When CUET came, there was a centralised exam. Being a minority institution, we can make 50% allotments and 50% (of the seats) can be allotted by the university. Yet they are doing (above) it. We have been tolerating it.
While the college has submitted that the entire BA programme — regardless of the subject specialisation — is considered as one programme, the DU has been counting individual specialisations as individual programmes while making allocations.
Additionally, Chacko submitted that the DU has not sent a panel for recruiting teachers with vacancies continuing for the past two years. They keep sending more students but no teachers,” added Chacko.
On the ‘single girl child’ quota, as the college said that the policy has no “statutory backing”, Justice Sharma asked if the college has challenged the quota before. To this, the college admitted that haven’t but the argument has been canvassed now as DU’s allocations are posing a problem for the college.
The college has submitted that a single girl child may be a child of a multimillionaire or an IAS officer and is not disadvantaged in any manner and thus there is no rational basis to “assume that such a child requires special treatment. The college has further submitted that DU’s conduct where it has been allotting students over the permissible intake “has no sanction either in the DU Statute or Ordinances nor does this find mention in its Bulletin of Information.
DU counsel senior advocate Mohinder Rupal, meanwhile, batting for the students, submitted, “What is the fault of these petitioners? We have more than 60 colleges with us. There is no problem with others…Ultimately if the (court’s) conclusion is that they (petitioners) can’t get here (St Stephen’s), they won’t get in any other prime colleges as seats have filled up…We are always open for discussion but not at the cost of students who are entering.
DU ‘Single girl child’ Quota for Admission Violates Right to Equality:
The high court asked if the college raised this objection anywhere before. Did you raise this objection anywhere earlier at any stage? Did you challenge this policy ever or write to them or filed any case ever?” asked Justice Swarana Kanta Sharma.
To this, senior advocate Romy Chacko said, “This year they agreed that they will only allocate 5 per cent excess of the seats and will allocate one candidate for each program. But today we are actually forced to challenge it on the ground that instead of one candidate they are actually allocating 13 candidates.” “We would have no problem if we were asked to admit one girl child. However, today DU argued that if BA (prog) has 13 combinations, 13 girl child students would have to be admitted,” he said, adding the state cannot deny to any person equality before law.
The submission was opposed by the counsel for petitioner students and the Delhi University who said this objection was never raised before. Why did the college not challenge the varsity’s bulletin of information for admission if they are aggrieved by this provision?” said the counsel for DU.
The judge orally observed, “for this I think you (college) will have to challenge it separately. As per the university’s bulletin for information on admission, one seat in each program of every college is reserved under the ‘supernumerary quota for a single girl child. The parent/ guardian (in case parents are deceased) will have to declare that the girl child is the only child of the parents and they have no other male/ female child other than the girl child for which the application is being submitted for admissions in the academic session 2024-25, it said.
The college counsel contended that there is no law on this and it is a decision taken by the university only. Fundamental rights cannot be taken away by an executive order. This has no statutory backing. All these quotas imposed on us have no statutory backing. Therefore, this particular quota is ultra vires Article 14, 15(3), 15 (5) and 30,” he argued.
He added that the college had agreed for the quota but now the DU is trying to impose something which is contrary to the university bulletin.
The College Contended that the Varsity was trying to impose Quotas against Minority institutions.
All these quotas imposed on us have no statutory backing. Today you are trying to impose something which is beyond the university bulletin,” the counsel said. Advocate Mohinder Rupal, appearing for the Delhi University, said there are about 7-8 minority colleges under it and only one college is having an issue and others have no problem with respect to allocation of seats.
He said the varsity bulletin was not challenged by the college at any point of time. He said the college ought not have played with the career of the petitioner students by refusing them admission when their names were already released by the university in the selected candidates for admission to the college.
At the fag end of the day hearing, the court took exception to a submission made by the college lawyers that it would be unfair to them in case they are not granted an opportunity to file reply to a counter affidavit filed by the varsity. The court noted that it heard the arguments in the case from 11:30 AM to 1 PM and from 2:30 PM to 4 PM and during this period, the counsel for the college also addressed arguments. The court listed the matter for Thursday for hearing arguments on some limited points.
