Published: 5th Oct, 2021
Context
As per a recent Supreme Court ruling, Government aid to an institution is a matter of policy and it is not a fundamental right.
The Case
- The judgment came on an appeal filed by the Uttar Pradesh’ government challenging the 2018 Allahabad High Court verdict holding that Regulation 101 framed under The Intermediate Education Act, 1921 is unconstitutional.
- The apex court set aside the HC verdict.
Key-highlights of the Ruling
- Grant of aid brings with it conditions which the institution receiving it is bound to comply with.
- If an institution does not want to accept the conditions, it can decline the grant but cannot say that the grant must be on its own terms.
- A decision to grant aid is by way of policy.
- While doing so, the government is not only concerned with the interest of the institutions but the ability to undertake such an exercise.
- As regards aided institutions, there cannot be any difference between a minority and non-minority one.
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