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Getting government aid not a fundamental right: SC

  • Category
    Polity & Governance
  • 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.

Related Information

  • Article 30 of the Indian Constitution states the right of minorities to establish and administer educational institutions.
    • It says: “All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.”
  • Article 30(1) says that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
  • Article 30(1A) deals with the fixation of the amount for acquisition of property of any educational institution established by minority groups.
  • Article 30(2) states that the government should not discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language, while giving aid.

 

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