The Gauhati High Court has stayed a notification passed by the State of Arunachal Pradesh, stating that it “discriminated between Covid-19 vaccinated persons and Covid-19 unvaccinated persons’ for issuance of temporary permits for development works in both public and private sectors”.
“Clause 11 of the Order dated June 30, 2021 in so far it makes a classification of persons who are Covid-19 vaccinated and persons who are Covid-19 unvaccinated for the purpose of issuance of temporary permits for developmental works in both public and private sector in the State of Arunachal Pradesh violates Articles 14, 19 (1) (d) & 21 of the Constitution of India calling for an interim order in the case,” the Single-Judge Itanagar Bench of Justice Nani Tagia observed on Monday.
If the sole object of issuing the Order is for containment of the Covid-19 pandemic and its further spread in the State of Arunachal Pradesh, the classification sought to be made between vaccinated and unvaccinated persons for Covid-19 virus for the purpose of issuing temporary permits for developmental works in both public and private sector, vide Clause 11 thereof, prima facie, appears to be a classification not founded on intelligible differentia nor it is found to have a rational relation/nexus to the object sought to be achieved by such classification, namely, containment and further spread of COVID-19 pandemic, noted the Bench, while issuing notice in the PIL.
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The plea said, “The clause allowing temporary permits to be issued for developmental works in both public and private sector to only those persons who are vaccinated against Covid-19, interferes with the rights of the citizens provided under Article 19 (1) (d) of the Constitution of India to move freely throughout the territory of India.”