The apex court, which was of the opinion that it was "a fit case for consideration by a larger bench," said, "the issue involved in this case concerns about the fundamental rights of not only the present generation but also the generations yet to be born."
A bench comprising justices P Sathasivam and Ranjan Gogoi said the issue has to be referred to a larger bench as a two-judge bench of the apex court in 1993 had refused to interfere with a Karnataka government order specifying the mother tongue Kannada as the medium of instruction at the primary school level and making it mandatory for every child.
"If we decide to accept the argument of the respondent that a student or a parent or a citizen has a right to choose a medium of instruction at primary stage, we in substance will be contradicting the judgement in English Medium Students Parents Association, which upholds the mother tongue as the medium of language," the bench said.