New Delhi [India], May 16 : Jesus and Mary College in Delhi has moved the High Court against the Executive Council of Delhi University (DU) decision insisting on 100 per cent weightage for CUET 2023 score for admission under minority quota in the college.
The bench of Justice Satish Chander Sharma and Justice Subramonium Prasad on Tuesday sought responses from Delhi University and the University Grants Commission (UGC) in the matter and listed it for May 24, 2023, with a connected matter.
Recently, St Stephen's College has also moved court and stated that the impugned decision of the university denying the college its right to conduct interviews for admission to undergraduate courses in the minority category is contrary to the judgment of the Delhi High Court in September 12 last month, which recognized the petitioner's right to select students of minority category by conducting interviews.
Jesus and Mary College through the plea, stated that the decision of Delhi University insisting on 100 per cent weightage for the CUET score for admission to minority quota is ultravires Article 30 and hence unconstitutional.
It stated that the impugned resolution of Delhi University suffers from total non-application of mind in that it did not advert to the basic findings of this court which upheld the right of the petitioner to interview Christian candidates and allocate 15 per cent marks for the same and has acted contrary to the same which is in fact willful disobedience of the judgment of this court and liable to be struck down.
It further stated that the University cannot take over the admission of the students under the 50 per cent minority quota, as the same would be and is a clear violation of Article 30 of the Constitution of India.
The Supreme Court in St. Stephen's judgment held that the right to select and admit students is the core of the right under Article 30.
Petitioner College also prayed the court to quash the regulation and communication issued by UGC as ultra-vires and unconstitutional to the extent it seeks to apply the same to minority quota seats for the academic year 2023-24 contrary to the judgement of this court.
Earlier, in its Judgement, Delhi High Court had directed the college administration to issue a fresh prospectus giving 100 per cent weightage to the CUET2022 score for admission to students belonging to the non-minority category applying to undergraduate courses for 2022-2023.
Previously, the college gave 85 per cent weightage to Common University Entrance Test (CUET) score and 15 per cent to interviews, which is contrary to the new admission process announced by Delhi University.
The Delhi High Court had examined two petitions, one was moved by Stephen College challenging the order of the Delhi University to grant admission in undergraduate courses through the Common University Entrance Test (CUET) and to withdraw the prospectus issued by the college and the second plea was moved by Monika Poddar, a law student, through a PIL challenging the college's decision to continue with interviews for admission to its general seats.
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