Supreme Court says aid for educational institutions from govt not fundamental right

The Supreme Court, on Monday, September 27, observed that the right to get aid from the government is not a fundamental right as there is no difference between the minority and non-minority aided institutions. A bench of Justices S K Kaul and M M Sundresh stated that the decision by the government to aid an educational institute must be based on factors like financial constraints and deficiencies. 

Clarifying why an institute cannot question the government's decision to deny the aid based on right, the bench said, "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".

It added, "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".

Addressing the contrary situation when the college is not satisfied with the government's aid, the Bench said that the college can deny the grant and move forward on their own. But, are not allowed to ask for a grant of aid on their own terms.

State of UP challenges Allahabad HC verdict

The Supreme Court's observation was made while allowing the appeal made by the State of Uttar Pradesh against the judgment of Allahabad High Court that stated that Regulation 101 framed under The Intermediate Education Act, 1921 is unconstitutional.

Stating that a policy decision is presumed to be in the public interest, the bench said such a decision once made is not amenable to challenge. A Constitutional court is expected to keep it's hands-off, until and unless there is manifest or extreme arbitrariness,

The bench said, "An executive power is residue of a legislative one, therefore the exercise of said power i.e., the amendment of the impugned regulation, cannot be challenged on the basis of mere presumption".

The court informed that when a rule is introduced by way of a policy decision, a demonstration of the existence of manifest, excessive, and extreme arbitrariness is required.

(Image: PTI/REPRESENTATIVE IMAGE)