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Gauhati High Court issues notice on PIL challenging Nagaland govt order mandating Covid-19 vaccination for students above 15 years of age

The Gauhati High Court has recently issued notice on a PIL challenging the order of the Nagaland Government which allowed students above 15 years of age to take admission, or attend regular/offline classes, only if he/she has taken at least one dose of vaccine against Covid-19.

The PIL has been filed by one Joel Naga challenging the order No. NSDMA-ER-COVID19/301/220 (Part-II) dated 08.01.2022 issued by Government of Nagaland, Home Department, Nagaland State Disaster Management Authority and Notification No. ED/AEI-28/2021 dated 11.01.2022 issued by the Principal Director, Directorate of School Education, Nagaland.

The petitioner is aggrieved mainly by Paragraph (f) of the order stated above, wherein, it is stated as follows: “f) Any student of Class IX and above, and who has completed 15 years of age shall be allowed to take admission, or attend regular/offline classes, only if he/she has taken at least one dose of vaccine against Covid-19.”

After hearing the learned counsel, the Kohima Division Bench of Justice Songkhupchung Serto and Justice Kakheto Sema are of the view that the respondents should re-examine the above clause of the order keeping in view the situation in the State and its implications.

Therefore, the Court issued notice to the respondents.

In the meantime, the Court directed the authorities to allow online admission to unvaccinated students in Class IX and above, and also to allow them to attend class, provided they have RT-PCR test reports.

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