After hearing the arguments of the Advocate General, the Division bench comprising of Justice Sharad Arvind Bobde and Justice Filomeno Manuel Reis accepted the clarification given by the Director of Education in its affidavit over the medium of instruction.
The Director in her affidavit clarified that while the schools would collect the views of the parents, the decision to open up new classes and in a new medium will vest only with the Director of Education and no other authority.
Accordingly, the division bench has permitted the government to clarify on the circular either by issuing a fresh one or modifying the earlier one which enabled parents to decide on the medium of instruction for their children.
On the other issue raised by the petitioners that the Advisory Board was not consulted on this decision even though the government is supposed to consult it, the Advocate General argued that since the recommendation of the advisory board is not binding upon the government, there was no need to consult it.
However, the Division bench disagreed with this argument and directed the government to re-think on its stand. The court prima facie observed that consulting the advisory board was mandated irrespective of whether the government accepted or rejected its recommendations.
The matter will now be taken up for hearing on 16th August.