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Jesus and Mary College has moved the Delhi High Court against a Delhi University notification “insisting on 100% weightage for CUET” score for admission to minority quota in the college, seeking that it be declared unconstitutional.
The plea moved by advocate Romy Chacko was listed before a division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad Tuesday, which issued notice to the respondents – DU and UGC — and listed it on May 24 along with a plea moved by St Stephens College on a similar issue.
The plea sought quashing of a December 8, 2022 decision of the executive council of DU that with effect from academic year 2023, admission of both undergraduate and postgraduate students under the minority quota will be solely based on their CUET score.
In addition, the plea sought a declaration that DU’s decision to insist on 100% weightage for CUET score for admission to minority quota is ultra vires (beyond the powers) Article 30 and hence, unconstitutional.
Article 30 of the Constitution states the right of minorities to establish and administer educational institutions.
The plea refers to a September 2022 decision of the HC which stated that while St Stephens College retains authority to conduct interviews in addition to the CUET for admission of students from the minority community, it cannot devise a policy forcing non-minorities to undergo an interview as well.
JMC has said that the HC had upheld the right of St Stephens College to interview Christian students before the final selection, giving a weightage of 15% marks to the process.
Subsequently, St. Stephen’s College filed a plea before the Supreme Court challenging the HC judgment to the extent that it had upheld DU’s communications, directing the college to admit candidates in general category solely based on CUET score.
The plea stated that while this case is pending in the SC, DU’s executive council issued the notification on the same in December 2022.
“… A perusal of the minutes of the Executive Council of university will show that while considering the judgement of this Hon’ble court dt. 12.9.2022 it did not apply its mind to the actual findings…It wrongly assumed contrary to the specific findings of this Hon’ble court contained in para 51 and 61 that St. Stephens college being a minority educational college in exercise of the rights could interview the Christian students, has in defiance of and in violation of the said findings of this Hon’ble court resolved that even in regard to the 50% minority quota seats admission will be solely on the basis of CUET marks,” the plea states.
JMC has argued in the plea that DU “cannot take over the admission of the students under the 50% minority quota”, as it is a clear violation of Article 30 of the Constitution of India.
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