The right of an institution to govern. aid is not a fundamental right: SC


The Chamber clarified that if the government has launched a political call for the withdrawal of aid, an institution cannot question the decision as a “question of law”

The right of an institution, whether run by a majority or minority community, to obtain government assistance is not a fundamental right. The two must also follow the rules and conditions of the aid, the Supreme Court ruled in a ruling on Monday.

“Whether it is a majority or minority institution, all the conditions relevant to the proper use of the grant by an educational institution can be imposed. All that Article 30 (2) says is that on the grounds that an establishment is run by a minority, whether based on religion or language, the granting of aid to this educational institution cannot be discriminated against, if other educational institutions are entitled to receive help, ”said a chamber of judges SK Kaul and MM Sundresh, referring to the ruling history of the TMA Pai tribunal in its judgment.

The Chamber clarified that if the government has launched a political call to withdraw aid, an institution cannot question the decision as a “question of law”.

A government aid subsidy comes with accompanying conditions. An institution is free to choose whether to accept the grant with conditions or to go its own way, he said.

“If an establishment does not want to accept and respect the conditions accompanying such aid, it is quite free to decline the grant and move forward in its own way. On the contrary, an institution can never be allowed to say that the granting of aid must be done on its own terms, ”observed Judge Sundresh, who wrote the judgment of the Chamber.

The court explained why institutions cannot view government aid as a “matter of law”.

First, public aid is a political decision. It depends on a variety of factors, including the interests of the institution itself and the ability of the government to understand the exercise.

“Financial constraints and shortcomings are the factors considered relevant in making any decision as aid, including both the decision to grant aid and the mode of aid disbursement,” noted the tribunal.

“Once we believe that the right to obtain assistance is not a fundamental right, challenging a decision taken during its implementation should only be done on limited grounds. Consequently, even in the event that a political decision is taken to withdraw aid, an institution cannot question it as of right. Perhaps such a challenge would still be available for an institution, when a grant is given to one institution versus the other institution which is placed in the same way, ”said the court.

The judgment came in an appeal by Uttar Pradesh against a ruling by the Allahabad High Court declaring unconstitutional a provision of the Middle Education Act of 1921.


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