On Thursday, the Delhi High Court drew a close to the legal tussle between the college and the Delhi University, confirming the former’s status as a “minority institution” with a free hand to select a qualified person as principal.

A Bench led by Chief Justice AP Shah directed the college to appoint a principal within eight weeks. The post has been lying vacant since January 2007.

The court declared Clause 7(2) of Ordinance XVIII of the Delhi University Act as “ultra vires and unconstitutional” to the extent it applies to a minority educational institution.

“The clause will not apply for St Stephen’s, a minority institution,” the court observed.

As per the clause, the college has to seek prior recommendation of a six-member selection committee of the varsity before appointing a principal. It is also bound to submit the applicants’ list plus its “opinion” of shortlisted candidates to the selection committee.

The provision is unreasonable to the extent that it is violative of Article 30 (1) of the Constitution, which grants every minority institution power to choose its own administrative head,” Stephen’s counsel Romi Chacko told Newsline.

“It is settled law that a minority management is free to choose a qualified person as head of the institution. The state or university cannot regulate the method or procedure for appointment of the principal. The limited power vested with them is to prescribe the qualifications for the post of principal,” the court said.

To the university’s contention that the college was an aided minority institution, the Bench replied that mere receipt of state aid does not annihilate the right guaranteed to minority communities to manage their own educational institutions.

Asked if the court’s decision would affect all minority institutions in the Capital, counsel for DU, Maninder Acharya, confirmed it would act as a precedent.