The Delhi High Court raised concerns over excess seat allocation in colleges, warning it could strain infrastructure and compromise education quality. This was highlighted in an appeal by St. Stephen’s College against a provisional admission order.
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NEW DELHI: Delhi High Court expressed significant concerns over the excess allocation of seats in colleges, emphasizing that such practices could lead to an undue burden on the limited infrastructure available, thereby impairing the overall quality of education imparted to students. This observation was made in the context of an appeal filed by St. Stephen’s College, challenging an interim order passed by a Single Judge that provisionally admitted certain students.
Court’s Observation on Excess Seat Allocation
A Division Bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela delivered the judgment.
The Bench highlighted-
“This Court also notes that the University’s failure to specifically rebut the Appellant’s argument regarding excessive seat allocation is concerning. The University must recognize that over-allocation of seats could strain the limited infrastructure, hinder the college’s ability to deliver quality education, and potentially jeopardize the careers of the students.”
Background of the Case
The appellant, St. Stephen’s College, was represented by Advocate Romy Chacko, while Senior Advocate Rishi Malhotra appeared for the respondents. The dispute arose when the college challenged an interim order that granted provisional admission to students based on the seat allocation done by Delhi University (DU).
According to the appellant’s counsel, the University had allocated students beyond the sanctioned and permitted intake. The University defended its decision by stating that such allocations were made for convenience, as it is common for some students not to take up their allotted seats, resulting in vacancies. However, the college contended that this rationale did not apply in its case.
“Admission to the appellant college is highly coveted, and students typically accept the programs of study offered to them. Consequently, vacancies after the initial allotment are usually minimal or nonexistent.”
– the counsel argued.
After the college raised objections to this policy, DU, in a subsequent email, agreed to limit the excess allotment to the appellant college to 5% in each program. This concession, however, did not fully address the college’s concerns.
High Court’s Directive
After considering the arguments presented by both sides, the Delhi High Court issued a directive, stating-
“Considering that the matter is scheduled for final hearing before the learned Single Judge, this Court disposes of the present appeal by instructing the Respondents to submit their counter affidavit/rejoinder affidavit within three working days. The hearing date before the learned Single Judge is advanced to 4th September, 2024.”
Furthermore, the Court provided clarification regarding the provisional admissions, noting that until further orders, the respondents would have the liberty to seek admission to their second-preference colleges if they chose to do so.
“Delhi University will assist the respondents in this process, if they choose to seek such assistance.”
-the Court added.
In order to balance the equities, the Court also directed-
“Given that the final hearing before the learned Single Judge has been expedited, and to maintain a balance of equities, this Court directs that Respondents no. 1 to 6 shall refrain from attending classes at the Appellant college until the writ petition is resolved.”
It was further clarified that-
“the observations in this order are only for determination of the present appeal.”
Case Details
Cause Title: St. Stephen College v. Hargun Singh Ahluwalia and Ors.
Respondents’ Counsel: Senior Advocate Rishi Malhotra, Advocates Ravinder Singh, Ansuiya, Raveesha Gupta, Shivansh Maini, Mohinder JS Rupal, Hardik Rupal, Sanjay Khanna, Pragya Bhushan, Karandeep Singh, and Tarandeep Singh.
Appellant’s Counsel: Advocates Romy Chacko, Kartik Venu, Akshat Singh, Himani Sharma, Varun Mudgal, and Sachin Dalal.
