HC notices to HRD min over amendment to Stephen's constitution

The Delhi High Court today sought response from the Ministry of Human Resource Development and University Grants Commission to a plea against the move by St Stephen's College governing body to amend its constitution for greater control of Church of North India over the institution.
A bench of Justice Rajiv Shakdher also issued notice to the Delhi University, St Stephen's College, its Governing Body, Principal Valson Thampu, Chairman and Vice Chairman of the college on a plea challenging the November 30 decision of the GB.
"The matter needs consideration. Notice will be issued to all the respondents (Eight)," the court said, adding that all of them will file their replies before April 1.

The court also made it clear that from here onwards, if any decision is taken by the GB, it will be the subject to the final outcome of the writ petition pending for consideration.
The court was hearing a petition filed by 21 teachers of the college, who have in their plea alleged that amending of St Stephens' constitution would result in "completely altering its basic structure and character without the consent of the Delhi University (DU)".
They, through their counsel Sunil Mathew, claimed that such a step would lead to "jeopardizing the very status of the college as an affiliated and recognized institution".

"Respondents 4 to 6 (Principal, Chairman and Vice Chairman of St Stephens) have mischievously sought to amend the constitution of the college thereby increasing the control of the Church of North India over the college and thereby giving controlling interest to Respondent 4 (Valson Thampu) after his retirement in February 2016," the petition said.

The counsel for the institution opposed the plea, saying the petition was premature and that there was no violation on its part.
The petitioner, however, alleged that "amendment process is tainted by a malicious objective of securing control of the college to persons such as Respondents 5 to 6 (Chairman of St Stephen's, Warris Massih and Vice Chairman of St Stephen's Alwan Massih) who themselves are currently illegally on the GB and aims to cover up their illegal memberships and functioning in respect of the college."

The teachers have also sought directions prohibiting the
Chairman, Vice Chairman and their nominees in the Governing Body from functioning with regard to amendment to the constitution of the college.
The petition has also sought directions prohibiting the amendment without the approval of DU, Ministry of Human Resource Development and University Grants Commission.
Thampu, who is retiring in February next year, had come up with a draft amendment wherein he has proposed that the principal be empowered to take disciplinary action against students or staff irrespective of the Governing Body's opinion.
He has also called for giving a major say to the Church of North India (CNI) in the functioning of the college, handing over the powers to appoint faculty and admissions to its Supreme Council (SC) and recasting the Governing Body (GB).

The amendment also proposes to replace St Stephen's College Trust, which currently runs the college, with a St Stephen's Educational Society that will have the power to establish Stephen's-like private institutions across the country.
According to DU statutes, any such move without consultation with the varsity's Executive Council (EC) is in violation of the rules and might result in derecognition of the college.
Further, it may also result in the prestigious college losing funds from the UGC, which currently provides 95 per cent funding to the institution, with the remaining coming from the Church of North India-controlled St Stephen's Trust.