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NEW DELHI : On October 13 Supreme Court dismissed the special leave
petition filed by Delhi University against St Stephen's College, Delhi,
thereby upholding St. Stephen’s right to appoint its own Principal.
A Bench of Justice R. V. Raveendran and
Justice J. M. Panchal dismissed a special leave petition filed by Delhi
University against the High Court judgment which
held that the provisions of the University pertaining to appointment of
Principal would not apply to St. Stephen’s College since it was a minority
institution.
Justice Raveendran told senior counsel P. P.
Rao, appearing for Delhi University, “it [appointment] is a valuable right
guaranteed under Article 30 of the Constitution
and you cannot encroach into it”. Counsel Romy Chacko appeared for St.
Stephen’s College.
Mr. Rao submitted that the University had
the right to frame regulations to prescribe standards of education and
uniformity in the standards in national interest. Justice Raveendran
observed, “You show us one minority college not maintaining the standards.
Otherwise we will be making minority institutions only a farce.” The
Bench agreed with the findings of the Delhi High Court that the right of
minority educational institutions to appoint the head of the institution
could not be taken away by any rule or regulation or any enactment made by
the State even if the institution received 100 per cent aid.
The University in its special leave petition
had submitted that Article 30 which granted minorities the right to
establish and administer their own institutions was not an absolute right.
It said that this right could be regulated and the minority institutions
could be compelled to keep in step with others in terms of standards of
education.
It said it was well settled that any
regulation framed in national interest must necessarily apply to all
educational institutions, minority as well as majority. Further “the
government will have a greater say in the case of an aided minority
institution” and Clause 7 (2) of the Delhi University ordinance lays down
essential qualifications
and prescribes the procedure for appointment of Principal of a constituent
college.
The petition said that under the garb of its
minority status the college could not be permitted to claim immunity from
a fair selection procedure.
Valson
Thampu heads St Stephen's College, at last
NEW DELHI : Rev. Valson Thampu formally took over as the Principal of
St. Stephen's College here on September 15. He was administered the oath
of office in the presence of college chairman Bishop Sunil K. Singh.
"It is a challenge to take up the mantel of
St. Stephen's. I look forward to taking St. Stephen's to greater heights
and hope I will live up to the confidence placed in me," he said during
the chapel ceremony.
Earlier the Supreme Council of the college
had, on September 12, selected Thampu after interviewing a dozen
candidates for the top post.
The interviews were held after the Delhi
High Court's judgment rejecting any role of Delhi University in the
selection of the head of the college, which is a minority institution.
"We must welcome him as the college has got a permanent principal after a
long time. We have to put all controversies behind us and make the effort
to move on. No
institution can afford to get stuck in the past," said A.D. Mathur, head
of Sanskrit Department.
Thampu's appointment as the Officer on Special Duty soon after the
principal Dr Anil Wilson demitted office was embroiled in a controversy as
his detractors opposed
it saying he was not "qualifled enough" to hold the post.
Predicted
His appointment was predicted by Dr Anil Wilson, the previous principal of
the college who quit after 16 years in January 2007, following his
appointment as the
Vice-Chancellor of Himachal Pradesh University.
Thampu was chosen from among 12 candidates late in the evening of
September 12, ending 20
months of suspense and a bitter legal battle between the Delhi University
authorities and
the college Supreme Council which insisted that being a minority
institution the college had the right to chose a principal of its choice.
The right, incidentally was affirmed by the High Court recently following
which the college Supreme Council sent out the call letters.
Thampu is the 12th principal of the college, now in its 127th year.
College sources said Rev. Thampu was the “No.1 choice” for the top job
followed by Shobhna Bhattacharya, a Reader at Jesus and Mary College. In
all 12 applicants, including Thampu, protem administrator M S Frank and
Shobhana Bhattacharjee, appeared for the interview following which the
Council declared the panel, consisting of two names -Thampu and
Bhattacharjee - in that order. Later, media advisor of the Christian body
Sunil J Matthews declared that Thampu has been selected for the post.
When contacted on September 12 evening Thampu had said: “I know nothing about it. I have not heard
anything in writing or verbally. And I do not want to go by rumours. I
have not received any official information.” He, however, did confirm that
his interview "went off well."
Thampu’s tenure as the administrative head was marked by fissures
within the faculty that spilt out into the open when he served notices on
two teachers accusing
them of influencing students against him.
Dr Anil Wilson’s deputy Jacob Cherian was asked to head the college by the
Supreme Council but later in 2007, Cherian was asked to vacate the chair
of administrative head. Thampu, who formerly taught English at the
college, was asked to take his place as an officer on special duty till a
principal was appointed.
He introduced reservations for Dalit Christians in the 2007-08 academic
year, a decision that was met with opposition from many members of the
faculty and the
alumni.
His critics said the college constitution mentioned no post of officer on
special duty and challenged his appointment. University Grants Commission
(UGC) rules require college principals to be Ph.Ds but Thampu held no Ph.D
at the time of appointment.
The National Commission for Minority Educational Institutions held
Thampu’s appointment illegal and asked him to explain. Thampu quickly
obtained a Ph.D in
theology from Allahabad Agricultural Institute barely days before he was
to give his explanation. Then the UGC said a principal must hold a Ph.D in
a subject taught
at the college — theology is not taught at St. Stephen’s.
In March this year, he resigned.
The supreme council asked M.S. Frank, whom Thampu had appointed his
deputy, to take over, as a “pro-tem administrator”. Frank was one of the
candidates interviewed on September 12.
Those in the fray included the present acting head of the College Mr M.S.
Frank, Dr Amit Abraham of St John's College, Agra and Dr Pervez Dean,
Principal of Christ Church College, Kanpur.
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