2010 AIR SCW 5393 ::2010 Lab IC 3875 ::2010 (8) SCC 49 ::(2010) 6 Scale 578 ::(2010) 3 CurCC 195 ::(2011) 2 Bom CR 197 ::(2010) 4 ESC 483 ::(2010) 6 Mad LJ 485 ::2010 (4) KCCR SN 150 (SC) ::(2010) 3 SCT 586 ::(2010) 8 ServLR 1

Supreme Court Of India

(From : Delhi)*

Hon'ble Judge(s): B. S. Chauhan, S. Kumar , JJ

(A) Constitution of India , Art.30(2), Art.337— Delhi School Education Act (18 of 1973) , S.28— Delhi School Education Rules (1973) , R.64, R.65, R.10 Proviso— Minority educational institution - Right to receive aid - Is legitimate right as opposed to legal right. Government does not enjoy identical control over the management of the schools belonging to the minority and/or majority schools. In view of the above ground reality and amendment in law, Article 30(2) provides a definite protection to the minority institutions that they would not be discriminated against in providing of @page-SCW5394 grant-in-aid. In terms of Rule 60 of DSE Rules every aided school will continue to get the aid subject to the provisions of the DSE Rules. Rule 64 of DSE Rules contemplates that aid is to be given upon furnishing of suitable undertaking by the managing committee of school. The grant-in-aid, then, would be given only upon satisfaction of the conditions stipulated in Rule 65. Second proviso to Rule 10 requires that wherever a linguistic minority school decides to impart education in a language other than the language of such linguistic minority, in that event the Administrator shall not be under any obligation to give grant-in-aid to such schools. In other words, a school run by linguistic minority would be entitled to receive grant-in-aid ....