Supreme court Law Insider IN
Supreme court Law Insider IN

Alka Verma-

Published On: September 28, 2021 at 11:43 IST

The Supreme Court of India observed that getting aid from the Government is not a Fundamental Right.

A Bench comprising Justices S K Kaul and M M Sundresh stated, “Right to get an aid is not a fundamental right, the challenge to a decision made in implementing it, shall only be on restricted grounds.

“Therefore, even in a case where a policy decision is made to withdraw the aid, an institution cannot question it as a matter of right. Maybe, such a challenge would still be available to an institution, when a grant is given to one institution as against the other institution which is similarly placed,” added the Bench.

The Court also advised the Government that while providing any aid to educational institutions, you should keep in mind various factors like financial constraints and deficiencies.

Adding to it the Court stated that there is no difference between whether minority running a community or majority , both has to follow rules and regulation to claim the aid as getting Government aid is not a Fundamental Right.

The Apex Court further stated that if any institution is not ready to accept the conditions applied with the aid, it can decline it and can move ahead.

On the contrary, an institution can never be allowed to say that the grant of aid should be on its own terms,” stated the Court.

The Judgement came while the Court was dealing with an Appeal filed by the Uttar Pradesh Government.

The Appeal was regarding a Judgement of the Allahabad High Court to declare a provision of the Intermediate Education Act of 1921 unconstitutional.

Click here to read/ download the Judgement 

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