RIGHT TO GOVT. AID NOT FUNDAMENTAL RIGHT

Sept. 28, 2021

The right of an institution, whether run by a majority or minority community, to receive government aid is not a fundamental right. Both have to follow the rules of the aid, the Supreme Court held in a ruling.

About:

  • Whether it is an institution run by the majority or the minority, all conditions that have relevance to the proper utilisation of the grant-in-aid by an educational institution can be imposed.

  • All that Article 30(2) states is that on the ground that an institution is under the management of a minority, whether based on religion or language, grant of aid to that educational institution cannot be discriminated against, if other educational institutions are entitled to receive aid

  • The Bench said if the government made a policy call to withdraw aid, an institution cannot question the decision as a “matter of right”. An institution is free to choose to accept the grant with the conditions or go its own way, it said.

  • The judgment came in an appeal filed by Uttar Pradesh against a decision of the Allahabad High Court to declare unconstitutional a provision of the Intermediate Education Act, 1921.

Source : The Hindu