SC: Menstrual Health is a Fundamental Right under Article 21; Orders Free Sanitary Pads in Schools  ||  Supreme Court: Industrial Court is the Proper Forum to Decide Issues Relating to Contract Labour  ||  Supreme Court: Only Civil Court of Original Jurisdiction Can Extend Arbitral Tribunal’s Mandate  ||  SC: Demolition of Private Property Must Rest on Clear Statutory Grounds and Due Consideration  ||  SC: After Complaint Was Withdrawn, BCI Disciplinary Committee Could Not Penalise Advocate  ||  MP HC: Decree Holder Cannot Defeat Compromise or Initiate Execution by Refusing Debtor’s Cheque  ||  MP HC: Spouse’s Income Cannot Be Clubbed With Public Servant’s for Disproportionate Assets Case  ||  Ker HC: Bar Association is Not Employer & Cannot Form Internal Complaints Committee under POSH Act  ||  SC: Ex-Contract Workers Must Be Preferred When Employers Replace Contract Labour With Regular Staff  ||  SC: Waqf Tribunals Cannot Hear Claims over Properties Not Listed or Registered under Waqf Act    

R (on the application of Tigere) v Secretary of State for Business, Innovation and Skills - (29 Jul 2015)

Denying student loan to person not deportable from UK violates right to education

Education

The United Kingdom Supreme Court, while determining the availability of student loans for higher education to persons who were not lawfully resident in the UK, held that on a question of distribution of finite resources, the right test was not whether discrimination was “manifestly without reasonable foundation”. Instead, greater discretion lay with the decision-maker; however, as the Secretary of State had not considered the unique circumstances of the case, his decision could not be relied upon. The Court opined that though a bright-line rule remained appropriate, given the small number of persons within the ambit of the unique facts of the case, it would be administratively workable to allow exceptions to the rule. By a majority verdict of three-to-two, the Court determined denial of student loans to the Appellant would be in breach of her right to education under the European Convention on Human Rights.

Relevant : United kingdom, education, student loan, resident

Tags : UNITED KINGDOM   EDUCATION   STUDENT LOAN   RESIDENT  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved