TNPSC Thervupettagam

Right to Government Aid, not a Fundamental Right

September 30 , 2021 1078 days 740 0
  • The Supreme Court said that the right to receive Government Aid of an institution (whether a majority or minority institution) is not a fundamental right, but only a matter of policy.
  • The Supreme Court also said that the grant of aid brings with it conditions that 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.
  • It said if the government made a policy call to withdraw aid, an institution cannot question the decision as a “matter of right”.
  • As per Article 30 (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.

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