New Delhi: The Supreme Court has ruled that government cannot discriminate while funding educational institutions run by minority groups nor can it link the aid with any condition which will interfere with their fundamental right to establish and administer such institutions.

"Article 30 (2) of the Constitution states that a minority institution shall not be discriminated against when aid to educational institution is granted," an 11-judge Constitution Bench headed by then chief justice B N Kirpal ruled in a 6:5 majority verdict recently.

"The state cannot, when it chooses to grant aid to educational institutions, deny aid to religious or linguistic minority institution only on the ground that the management of that institution is with the minority," the Bench said.

Ruling that the right of management of minority institutions could not be interfered with, the Bench said that if the government made the grant conditional aiming to have a say in the management, then such condition would be violative of Article 30 (2).

"However, conditions of aid that do not involve a surrender of the substantial right of management would not be inconsistent with Constitutional guarantee, even if they indirectly impinge upon some facet of administration," justice Kirpal said writing the majority judgement.

Present chief justice G B Pattanaik, justice S Rajendra Babu, justice K G Balakrishnan, justice P V Reddi and justice Arijit Pasayat agreed with justice Kirpal.

If, however, the governmental aid were denied on the ground that the educational institution was under the management of a minority, then such a denial would be completely invalid, the court ruled.

It said, "The implication of Article 30 (2) is also that it recognises that the minority nature of the institution should continue, notwithstanding the grant of aid."

"When a grant is given to all institutions for imparting secular education, a minority institution is also entitled to receive it, subject to the fulfilment of the requisite criteria, and the state gives the grant knowing that a linguistic minority educational institution will also receive the same," justice Kirpal said.

However, the court clarified that the State could not be compelled to grant aid, but added the receipt of aid could not be a reason for altering the nature or character of the recipient educational institution.

PTI