Mattress storein St. Stephen, SC

The Supreme Court on Monday refused to interfere with a Delhi high court’s interim order permitting the St Stephen’s college to conduct interview for the 50% minority quota seats and said that any order passed at this stage will be “too late” and result in “uncertainty” among students.

The high court order passed on July 21 was challenged before the top court in two separate petitions filed by the Delhi University and the university grants commission (UGC). Dismissing the two petitions, a bench of justices AS Bopanna and PS Narasimha said, “Taking note that the order passed is an interim order and the high court has made admission subject to the final outcome of the writ petition, we see no reason to interfere at this stage.”

This is the second year that the high court permitted the college to fill up the 50% Christian quota seats by giving 15% weightage to interviews. The college had approached the high court challenging a December 30 notification issued by the DU directing all admissions under the minority quota to be filled up solely on the basis of the common university entrance test (CUET) scores. The top court order told the high court, “Considering there should be certainty in the matter, we request the high court to decide (the petition) as expeditiously as possible.”

The Delhi University represented by Solicitor General Tushar Mehta told the Court that the last date for close of admissions is August 31 and the college should not be permitted to proceed forward with the interviews. Defending the December 30 notification, Mehta said, “Last year, the college was allowed to give 15% weightage to interview. This year, we insisted they can select only meritorious students based on CUET scores against the minority seats. Due to the HC order, meritorious candidates are being left out.”

The college represented by senior advocate A Mariarputham and advocate Romy Chacko said that the admission process for this academic year is over. The senior counsel stated that the admission was not “unilateral” as the University was supplied the final list of students admitted under Christian quota. The list was approved and the University sent email to students for paying fees.

The bench told Mehta, “It will be unfair to students to interfere at this stage. There will be uncertainty among student community.” Pointing out the fact that the University has endorsed the admissions, the bench said, “You have written to the students to pay fees and the letter does not say the admission will be subject to the order (of high court). You are a little late to approach us.”

Mehta told the Court that the University was bound to process the admissions or else there will be contempt of the HC order. The Court said, “The HC order is of July 21 and one month has passed. You should have approached us before. The 15% weightage is an issue you will have to argue before the high court.”

The bench wished to know during the hearing if any meritorious students had approached the Court complaining against the interview process. Senior advocate Arun Bhardwaj appearing for a Christian candidate said that a petition is in the process of being filed as the petitioner atttended the interview but did not get admission. The solicitor general told the Court that it is only a matter of opening a small window for such candidates.

“Stephens is a prime college where admission cut offs end at 98-99 %. If a window is provided, the admission process can be over within a day,” Mehta said.

The bench maintained its stand and said, “At this stage there will be more confusion if we interfere as some students would have already been interviewed. It could happen next year. As per the interim order, let admissions go on.

On Friday, when the matter came up for hearing in the top court, Mehta claimed that the seats filled up through interview have virtually become “payment seats” to which the college had objected.

The college had approached the HC challenging a December 8 order passed by the DU executive council to the effect that even in respect of 50% minority quota seats, admission should solely be on the basis of CUET scores and no interview or addition of 15% marks for interview will be permitted. This led to the December 30 notification.

The HC in its July 21 order said, “A prima facie case has been made out that the petitioner will suffer an irreparable loss if interim relief is not granted at this juncture. The balance of convenience also lies in favour of the petitioner.”

The college claimed that over the years, it has been making admissions to undergraduate courses by earmarking 15% weightage for personal interaction or interview. Last year, with the introduction of CUET, the college had to admit students to its general category seats solely on CUET scores as the top court had in October 2022 refused to stay the HC order.

Last year too, when the controversy over CUET being applicable to minority quota seats arose, the HC had on September 9, 2022 permitted St Stephen’s to conduct interview for Christian students. Relying on this order, the HC extended the benefit to the college for this year too.

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After moving to St. Stephen in 2021, Dan Kredensor was looking for a coffee shop and ice cream shop and found there to be neither for over 18 miles.

In January of 2022 he took matters into his own hands and began creating a business plan to share his love of coffee, ice cream and entrepreneurship with the people of St. Stephen. On June 23, Kredensor saw his plan come to fruition with the ribbon cutting ceremony of his new coffee and ice cream shop, Lowcountry Coffee Co.

Known as “Uncle Johnny’s Store,” Kredensor’s Lowcountry Coffee Co. resides in the oldest surviving commercial building on Main St. in St. Stephen.

“Uncle Johnny’s store was quite active until his death in 1931,” said Kredensor. “His death along with the Depression started a chain of events where ownership changed hands many times. In my lifetime I recall it being a general store, a dress shop, a bank and an insurance company.”

Lowcountry Coffee Co. is just one of many businesses recently making a name for itself in St. Stephen. The town has seen the opening of many new businesses including a sandwich and burger joint called Freda’s, a local gun store called Lowcountry Munition, Old Town Feed and Supply and The Capital Grille and Seafood. St. Stephen will also soon see the opening of a traditional Trinidadian restaurant called Ma Gloria’s.

Along with the town’s new booming businesses, St. Stephen also holds the Catfish Festival in the Spring, the Community Festival in October and the Berkeley Showoffs Car Show in November. Additionally, the town holds a farmer’s market every Wednesday from 3-7 p.m. at Alice Park.

“St. Stephen is beginning to have a major turn around,” said Kredensor. “For me it all started in November of last year as I was able to meet with the town and propose a lease for the coffee shop and ice cream parlor. The goal after speaking with the mayor and some town council members was to create a space that could be the spark to begin to reinvigorate the St. Stephen Main Street Business District. We have also been working with Berkeley County Economic Development Office, the Berkeley County Supervisor’s Office, Santee-Cooper Economic Development Office, and the Berkeley-Charleston-Dorchester Council of Governments (BCDCOG) Economic Development Office on ways that we can continue to attract and keep small businesses in St. Stephen.”

He said the goal for Lowcountry Coffee is to inspire more small businesses in a town that is ready for them.

“We know that growth is going to come slowly to St. Stephen,” he said. “We want to be a spot where you can come and bring the family, meet a business partner and get a great cup of coffee or a delicious scoop of ice cream.”

“[The most rewarding part of running LowCountry Coffee Co] is seeing people smiling after they have the first sip of coffee or the first taste of ice cream because coffee and ice cream do have an uncanny ability to put smiles on just about everyone,” Kredensor added. “Listening to the stories and history of all our amazing customers is a blessing. Also giving people a safe space to meet for coffee or ice cream, whether it be a date, a celebration or a business meeting is wonderful to see every hour.”

The interim order was subsequently challenged in the Supreme Court by DU and the UGC in two separate orders

The Supreme Court on Monday refused to interfere with a Delhi high court interim order, allowing St Stephen’s College to conduct interviews of Christian candidates seeking admission under the minority quota, and said that any order passed at this stage will be “too late” and will result in “uncertainty” among students.

The high court, in its July 21 order, permitted St Stephen’s College to admit Christian minority students on the basis of 85% weightage for their Common University Entrance Test (CUET) scores and 15% weightage for interviews. The court, however, clarified that for non-minority students, the varsity will adopt the marks secured in CUET alone as the sole eligibility criteria.

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The interim order came on a petition by the college, asking for a stay on a December 8, 2022 decision by the Delhi University executive council, insisting that all colleges consider only CUET scores while granting admission to minority candidates.

The interim order was subsequently challenged in the Supreme Court by DU and the University Grants Commission (UGC) in two separate orders.

Dismissing the two petitions, a Supreme Court bench of justices AS Bopanna and PS Narasimha on Monday said, “Taking note that the order passed is an interim order and the high court has made admission subject to the final outcome of the writ petition, we see no reason to interfere at this stage.”

DU, represented by solicitor general Tushar Mehta, told the court that the last date for the close of admissions is August 31, and St Stephen’s should not be permitted to proceed with interviews of minority candidates. Defending the December 30, 2022 notification, Mehta said, “Last year, the college was allowed to give 15% weightage to interview. This year, we insisted they can select only meritorious students based on CUET scores against the minority seats. Due to the HC order, meritorious candidates are being left out.”

St Stephen’s, represented by senior advocate A Mariarputham and advocate Romy Chacko, said that the admission process for this academic year is over. The senior counsel stated that the admission was not “unilateral” as DU was supplied with the final list of students admitted under the Christian quota. The list was approved and DU sent email to students for paying fees, they said.

The bench told Mehta, “It will be unfair to students to interfere at this stage. There will be uncertainty among student community.” Pointing out that DU has endorsed the admissions, the bench said, “You have written to the students to pay fees and the letter does not say the admission will be subject to the order (of high court). You are a little late to approach us.”

Mehta told the court that DU was bound to process the admissions, else there would be contempt of the HC order. The court said, “The high court order is of July 21 and one month has passed. You should have approached us before. The 15% weightage is an issue you will have to argue before the high court.”

The bench wished to know during the hearing if any meritorious students had approached the court, complaining against the interview process. Senior advocate Arun Bhardwaj, appearing for a Christian candidate, said that a petition is in the process of being filed as the petitioner attended the interview but did not get admission. The solicitor general told the court that it is only a matter of opening a small window for such candidates.

“St Stephen’s is a prime college where admission cut-offs end at 98-99 %. If a window is provided, the admission process can be over within a day,” Mehta said.

The bench maintained its stand and said, “At this stage there will be more confusion if we interfere as some students would have already been interviewed. It could happen next year. As per the interim order, let admissions go on.

St Stephen’s had earlier argued that over the years, it admitted candidates to undergraduate courses by earmarking 15% of the score for a personal interaction or interview. Last year, with the introduction of CUET, the college had to admit students to its general category seats solely on CUET scores. However, a controversy over CUET being applicable to minority quota seats had arisen, following which the high court permitted St Stephen’s to conduct interviews for its Christian minority candidates. Relying on this order, the high court extended the benefit to the college for this year too.

The Supreme Court on Monday refused to interfere with the Delhi High Court interim order allowing St Stephen’s College to conduct interviews for granting admission to students under the minority quota besides taking into consideration their common university entrance test (CUET) scores.

A bench of Justices A S Bopanna and P S Narasimha said any interference at this stage will create further confusion and uncertainty in the admission process.

“Taking note that the impugned order is an interim order passed by the high court in a pending writ petition, at this stage, we see no reason to interfere with the high court order,” the bench said.

The apex court also asked the high court to decide the matter expeditiously considering the need for certainty in the matter.

The top court was hearing a plea filed by Delhi University and University Grants Commission challenging the July 21 order of the high court.

Solicitor General Tushar Mehta, appearing for the varsity, sought a stay on the Delhi High Court order, contending that the selection process is still going on.

“This is a minority institution, therefore, 50 per cent of seats are filled by minority students. No difficulty with that. The question is how 50 per cent reserved seats are filled – first, strictly as per all-India merit list, i.e., CUET.

“Last year, they wanted to keep interviews for filling 50 per cent seats, DU directed them to fill 15 per cent out of this 50 per cent seats through interviews. Interviews are always a subjective thing. Because of the HC order, meritorious students are being left out,” he said.

Senior advocate A Mariarputham, appearing for St Stephen’s College, stated that there is an interim order, students have been selected and the classes have already commenced.

The bench said at this stage, it was not inclined to interfere with the interim order.

“At this stage, there will be more confusion for students,” the bench said.

Mehta submitted in case the high court comes to a conclusion that the interim order was wrong and every admission ought to have been on the basis of the merit list, then what would happen to those meritorious students who were not selected because of this interview process.

The law officer claimed seats filled on the basis of interviews have virtually become ‘payment seats’.

The bench said the high court passed the order on July 21 and admission process has already taken place.

“It may be really late now. There will be more uncertainty. Once matter is fully settled by high court, students will know what the situation is,” the bench said.

On July 21, the high court had permitted the college to conduct interviews for granting admission to students under the minority quota besides taking into consideration their CUET scores.

It had also permitted the Jesus and Mary College to hold interviews for the seats reserved for minority category students.

The high court’s order came on the applications by the two minority colleges to stay a December 8, 2022 decision of the executive council of the Delhi University (DU) insisting on 100 per cent weightage for CUET 2023 score for admission against minority quota quota seats.

The court had in its order observed that in an earlier decision, it has already discussed the extent to which DU can regulate the admission of minority students and ruled that St Stephen’s has the right to conduct interviews with 15 per cent weightage for minority students but not for non-minority students.

“Despite this observation made by this Court in the aforesaid judgment, the Executive Committee in its meeting dated December 8, 2022 has decided that for the academic session 2023-24, admission to the Undergraduate Programmes shall solely be on the basis of CUET for minority seats also,” said the high court bench.

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The high court had said there was prima facie a complete lack of reasoning as to why its earlier ruling was given a go-by by DU and that it indicated non-application of mind on its part while making the impugned decision.

Holding that the rights accorded to a minority institution under the Constitution cannot be extended to non-minorities, the high court had on September 12, 2022 directed St Stephen’s College to give 100 per cent weightage to the CUET 2022 score while granting admission to non-minority students in its undergraduate courses.

It had, however, said the college has the authority to conduct interviews in addition to the common university entrance test for admitting students belonging to the minority community but it cannot force non-minority candidates to additionally undergo an interview.

Earlier this year, St Stephen’s College had filed the petition against DU’s notification, contending that being a minority educational institution, its right to select students for admission and administer the educational institution under the Constitution cannot be interfered with or taken away.

The Supreme Court, today, refused to entertain the Special Leave Petition filed by the University of Delhi and the University Grants Commission challenging the Delhi High Court's interim order, which permitted St. Stephen's College to admit 15% of Christian minority shortlisted candidates based on interviews.

The Bench of Justice A.S. Bopanna and Justice PS Narasimha said in its order, "Having heard the learned Solicitor General and the Assitant Solicitor General for the Petitioners and the learned counsel for the caveators, taking note that impugned order herein is an interim order passed in the pending writ petition before the High Court and also since the High Court, as per the interim order made the admission subject to the final outcomes of the writ petitions, we see no reason to interfere at this stage."

The Bench in its order further stated, "However, considering that there should be certainty in the matter we request the High Court to hear all the learned counsels for the parties and dispose of the writ petitions as expeditiously as possible. The Petitions are accordingly disposed of."

Appearing for the Petitioners, the Solicitor General Tushar Mehta submitted "The selection process is still ongoing for this minority institution. Last year, they intended to conduct interviews to fill these 50% of seats, but the university ruled that interviews were only permissible for 15% of the seats. Interviews are inherently subjective, as even if I score higher on the entrance test, a weaker performance in the interview could lead to non-selection."

The SG also stated that "This year, our approach was to admit only minority students who are also meritorious. However, the college and the High Court objected to this. The High Court issued a detailed order to this effect. Currently, interviews are underway, and due to the 15% interview allocation permitted by the High Court, some meritorious candidates have been left out while less meritorious students who performed better in the interviews have been admitted."

The Bench then orally observed "Irrespective of whether the process is going on or halfway or it is over, we were only wondering since is an interim order at this stage, let us not interfere. Whatever is there as per the interim order the arrangement is made. You can argue your writ petition and whatever decision is taken will apply to the next academic year. At this stage, it will also be more confusing for the students if we interfere. Without saying anything, we will only say that it's only for an interim arrangement."

Accordingly, the Court refused to interfere and directed the High Court to expeditiously deal with the matter. In the impugned order, the Delhi High Court had allowed St Stephen’s College to conduct the interviews for granting admissions to the minority quota students on account of a balance of convenience lying in favour of the petitioner College.

The High Court had said "this Court is of the opinion that a prima facie case has been made that the Petitioner will suffer an irreparable loss if interim relief is not granted at this juncture. The balance of convenience also lies in favour of the Petitioner. Accordingly, as an interim measure, this Court directs that the admission policy as framed by this Court vide judgment dated 12.09.2022 shall be followed for the Academic Year 2023- 24 and the St. Stephen’s College will adopt the marks secured in the CUET with 85% weightage for CUET and the College's interview for shortlisted candidates with a weightage of 15% for Christian minority candidates. For non-minority candidates, the College will adopt the marks secured in the CUET alone as the sole eligibility criteria."

Cause Title: University Of Delhi v. St Stephen S College and Ors [SLP(C) No. 017344 - / 2023]