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Right to govt. aid not fundamental right: SC

  • Integrity Education, Delhi
  • 28, Sep 2021
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Observation of Supreme Court

  • The right of an institution, whether run by a majority or minority community, to receive government aid is not a fundamental right.
  • 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.
  • All that Article 30(2) states is 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 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

Article 30: Right of minorities to establish and administer educational institutions
(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice

(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause ( 1 ), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause

(2) The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language