Getting aid not a fundamental right says SC
New Delhi Sep 27 PTI Getting aid is not a fundamental right the Supreme Court observed on Monday and said the government should take into account various factors such as financial constraints and deficiencies while deciding on aid for educational institutions Also when it comes to aided institutions there cannot be any difference between a minority and non-minority one the apex court 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 said a bench of Justices S K Kaul and M M Sundresh 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 the bench said The top court said if an institution does not want to accept and comply with the conditions accompanying such aid it is well open to it to decline the grant and move on its own way On the contrary an institution can never be allowed to say that the grant of aid should be on its own terms the bench said The apex courts observations came while allowing Uttar Pradeshs appeal challenging the Allahabad High Court verdict holding that Regulation 101 framed under The Intermediate Education Act 1921 is unconstitutional The top court said that once it is held that 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 Therefore with the grant of an aid the conditions come If an institution does not want to accept and comply with the conditions accompanying such aid it is well open to it to decline the grant and move in its own way the bench said The bench said that a policy decision is presumed to be in public interest and such a decision once made is not amenable to challenge until and unless there is manifest or extreme arbitrariness a Constitutional court is expected to keep its hands off An executive power is residue of a legislative one therefore the exercise of said power ie the amendment of the impugned regulation cannot be challenged on the basis of mere presumption the bench said Once a rule is introduced by way of a policy decision a demonstration on the existence of manifest excessive and extreme arbitrariness is needed the apex court said PTI PKS SA
New Delhi Sep 27 PTI Getting aid is not a fundamental right the Supreme Court observed on Monday and said the government should take into account various factors such as financial constraints and deficiencies while deciding on aid for educational institutions Also when it comes to aided institutions there cannot be any difference between a minority and non-minority one the apex court 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 said a bench of Justices S K Kaul and M M Sundresh 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 the bench said The top court said if an institution does not want to accept and comply with the conditions accompanying such aid it is well open to it to decline the grant and move on its own way On the contrary an institution can never be allowed to say that the grant of aid should be on its own terms the bench said The apex courts observations came while allowing Uttar Pradeshs appeal challenging the Allahabad High Court verdict holding that Regulation 101 framed under The Intermediate Education Act 1921 is unconstitutional The top court said that once it is held that 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 Therefore with the grant of an aid the conditions come If an institution does not want to accept and comply with the conditions accompanying such aid it is well open to it to decline the grant and move in its own way the bench said The bench said that a policy decision is presumed to be in public interest and such a decision once made is not amenable to challenge until and unless there is manifest or extreme arbitrariness a Constitutional court is expected to keep its hands off An executive power is residue of a legislative one therefore the exercise of said power ie the amendment of the impugned regulation cannot be challenged on the basis of mere presumption the bench said Once a rule is introduced by way of a policy decision a demonstration on the existence of manifest excessive and extreme arbitrariness is needed the apex court said PTI PKS SA
