A division Bench of Justice A P Lavande and Justice U V Bakre heard the arguments in the pleas filed by educationist Pandurang Nadkarni and others.
During the hearing of the case, the Advocate General of the state, Subodh Kantak, sought the court’s permission to file additional written submissions in the matter. The Bench has directed the AG to file his submissions within the next week and also told Nadkarni’s counsel to file his rejoinder if any, within a week, thereafter.
The petitioners have pointed out that the circular issued by the Directorate of Education (DOE) shows ‘total non-application of mind’ and have alleged that the Rules of Business as provided under Article 166 of the Constitution have been violated while issuing the circular.
The Rules provide that the Monitoring Committee should ensure that the schools follow the norms laid down while giving the grants. The decision should have been implemented in a phased-level from the pre-primary level and not forced upon the students, the petitioners pointed.
On 18 July 2011, the high court had passed an order that the Cabinet decision and the circular shall not be implemented until further orders.