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Supreme Court of India 2023-02-21 allowed

THE STATE OF GUJARAT & ORS vs H. B. KAPADIA EDUCATION TRUST & ANR

Bench: 2 — Dinesh Maheshwari, Bela M. Trivedi

In Brief

A Jain minority school sought to continue its principal beyond the mandatory superannuation age of 60 years while claiming government grant-in-aid. The High Court ruled in the school's favour, treating superannuation rules as not binding on minority institutions. The Supreme Court reversed this, holding that while minority institutions have freedom to manage staff under Article 30(1), they must comply with grant-in-aid conditions if receiving State funding. The Court affirmed that superannuation provisions in the Grant-in-Aid Code uniformly apply to all aided schools, including minorities, and non-compliance results in loss of aid. Conditions are valid if uniformly applied and relate to proper fund utilization.

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Constitutional Law Minority Rights Educational Law Grant-in-Aid Article 30 of the Constitution

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