Getting aid isn’t a fundamental right, the Supreme Court observed today and said the govt. should take under consideration various factors like financial constraints and deficiencies while selecting aid for educational institutions.
Also, when it involves aided institutions, there can’t be any difference between a minority and non-minority one, the court said.
“Right to induce an aid isn’t a fundamental right, the challenge to a choice made in implementing it, shall only get on restricted grounds,” said a bench of Justices S K Kaul and M M Sundresh.
“Therefore, even in an exceedingly case where a policy decision is formed to withdraw the help, an establishment cannot question it as a matter of right. Maybe, such a challenge would still be available to an establishment, when a grant is given to at least one institution as against the opposite institution which is similarly placed,” the bench said.
The top court said if an establishment doesn’t want to just accept and accommodates the conditions accompanying such aid, it’s well hospitable it to say no the grant and travel its own way.
“On the contrary, an establishment can never be allowed to mention that the grant of aid should air its own terms,” the bench said.
The court’s observations came while allowing Uttar Pradesh’s appeal challenging the Allahabad judicature verdict holding that Regulation 101 framed under The Intermediate Education Act, 1921 is unconstitutional.
The bench said that a policy decision is presumed to be publically interest, and such a call once made isn’t amenable to challenge, until and unless there’s manifest or extreme arbitrariness, a Constitutional court is anticipated to stay its hands off.
“An executive power is residue of a legislative one, therefore the exercise of said power i.e., the amendment of the impugned regulation, can’t be challenged on the idea of mere presumption,” the bench said.
Once a rule is introduced by way of a policy decision, an illustration on the existence of manifest, excessive and extreme arbitrariness is required, the court said.
