Morung Express News
Dimapur | July 29
The Kohima Bench of the Gauhati High Court put a stay on the Nagaland government’s order for compulsory COVID-19 vaccination of its employees.
After hearing a Public Interest Litigation (PIL) on July 28, the bench decided to stay the order till the next date of hearing.
The petitioners of the PIL registered as PIL 6/2021 and PIL 7/2021 challenged the Nagaland Government’s notification issued on July 17 requiring employees at the State Civil Secretariat and Directorates to get vaccinated or undergo COVID-19 test every 15 days.
“We have gone through the order issued by the Chief Secretary which is under challenge. We are of the considered view that prima facie the order is not in consonance with the orders passed by this Court in the PIL (Suo Moto) 1/2021 and right of the employees under the Constitution of India. Therefore, let notice be issued to the respondents making the same returnable within 2(two) weeks,” the Court stated.
“Till the returnable date, fees should not be charged for testing from Government employees and their salaries should not be stopped for reason of not having being vaccinated,” it added.
The court posted the matter for hearing after two weeks on August 18 along with the suo moto PIL 1/2021 and PIL 7/2021.
Provide option of either vaccine or test for teaching & non-teaching staff
The Court also heard another PIL registered as PIL 8/2021 challenging a portion of paragraph 2 of the two SOPs issued by the Home Department for opening of schools for students of class 11 and 12 and for re-opening of colleges and technical institutes.
The petitioner had sought for modification of conditions in the SOPs for opening of schools and colleges which required teaching and non-teaching staff to be fully vaccinated or to have taken the 1st dose of vaccine at least 15 days prior to the opening of schools or colleges. The petitioner prayed that those who choose not to be vaccinated may be given the option of being compulsorily tested every 15 days.
While noting that “no one can be compulsorily vaccinated,” the Court granted the option prayed for.
“Therefore, the Principal Secretary Home is directed to modify paragraph 2 of the 2 SOP so as to provide such option to the teaching and non teaching staff of schools and colleges,” it stated while disposing the PIL 8/2021.
Regarding the PIL (Suo Moto) 1/2021, the Court observed that the Principal Secretary Home, government of Nagaland has filed an affidavit placing the two SOPs for re-opening of schools for students of class 11 and 12 and for re-opening of colleges and technical institutions as directed in its order on July 20. However, regarding the Court’s direction to file an affidavit showing the progress made in the vaccination on willing shop keepers and vegetable vendors on priority, it was informed that a comprehensive affidavit covering almost all the Court’s directions given on July 20 have been filed only on July 28. “The same has not been placed before us,” the Court observed, and added that matters stated in the affidavit would be taken up on the next date.
It also reminded the State government to file an affidavit on special steps taken to contain the spread of COVID-19 and for treatment of people who are already infected in 5 districts with high positivity rate on or before the next date of hearing.
