DU’s ‘single girl child’ quota violates right to equality, St Stephen’s tells HC
St Stephen’s College argued before the Delhi High Court on Wednesday that Delhi University’s (DU) policy of reserving seats under the “single girl child quota” violates the right to equality before the law. The college contended that the quota, mandated by DU, contradicts constitutional provisions, including Articles 14, 15(3), 15(5) and 30.
The college’s counsel, senior advocate Romy Chacko, asserted that while St Stephen’s had initially agreed to the quota, DU’s recent demand for more admissions under this category went beyond the agreed terms. “This year, we agreed to allocate one seat per programme under the single girl child quota, but now DU is imposing 13 candidates across 13 combinations in the BA (Prog), which we find unconstitutional,” Chacko said.
The HC, presided over by Justice Swarana Kanta Sharma, questioned the college on why this objection was not raised earlier. “Did you challenge this policy ever or write to them at any stage?” the judge asked. In response, Chacko explained, “We had no issue with admitting one girl child per programme, but we are now forced to challenge the policy as it exceeds the originally agreed terms.”
Delhi University’s counsel Mohinder Rupal opposed the college’s argument, stating, “The college has never challenged the university’s bulletin of information for admission before. Why is this objection being raised now?”
He added that other minority colleges under DU did not have any issues with the allocation of seats under this quota.
The judge suggested that the college might need to challenge the policy separately.
According to DU’s bulletin, one seat in each programme of every college is reserved for a single girl child under the supernumerary quota.
Chacko argued that the university’s policy lacks statutory backing, stating, “Fundamental rights cannot be taken away by an executive order. All these quotas imposed on us have no statutory backing, making them ultra vires to the Constitution.” He contended that DU’s imposition of quotas on minority institutions like St Stephen’s goes beyond the university’s own bulletin.
The issue has escalated amid an ongoing tussle between St Stephen’s College and DU, with the university previously raising concerns about the college exceeding its sanctioned quota for Christian students. The college recently published a list of Christian students admitted for the current academic year on its website, a move that followed DU’s accusation that the college had left some BA course seats vacant despite eligible candidates meeting CUET scores.
The High Court, after hearing arguments from both sides, has scheduled further proceedings for Thursday to address remaining points of contention. The case was brought to the court by students who claimed their admissions to the college were not completed on time, despite being allocated seats by DU for courses such as BA Economics (Hons) and BA programme.
‘This is unconstitutional’
This year, we agreed to allocate one seat per programme under the single girl child quota, but now DU is imposing 13 candidates across 13 combinations in the BA (Prog), which we find unconstitutional. — Romy Chacko, college’s counsel
