Supreme Court ruling stating that the right to government aid is not a fundamental right.
Ruling of the Court
In a ruling, the SC held that the right of an institution, whether run by a majority or minority community, to receive government aid is not a fundamental right.
It said that all conditions that have relevance to the proper utilisation of the grant-in-aid by an educational institution can be imposed by the government. It also asserted an institution receiving aid is bound by the conditions imposed and therefore expected to comply with the rules.
Government aid to an institution is a matter of policy and it is not a fundamental right.
The court added that an institution can never be allowed to say that the grant of aid should be on its own terms.
grant of aid brings with it conditions which 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.
A decision to grant aid is by way of policy. While doing so, the government is not only concerned with the interest of the institutions but the ability to undertake such an exercise.