INTELLIGIBLE DIFFERENTIA DOES NOT ACCOUNT FOR CATEGORIZATION BETWEEN COVID-19 VACCINATED AND UNVACCINATED PERSON


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The Itanagar bench of the Gauhati High Court in the case of Madan Mill v. Union of India and Two others had held that the categorization of vaccinated and unvaccinated persons in the State of Arunachal Pradesh for temporary sanctifying them for carrying out developmental works in public and private sector was violative of Article 14, 19 (1) (d) & 21 of Indian Constitution.
The single bench of Justice Nani Tagia withholds the Government order dated 30.6.2021 whose clause 11 stated that permit of development works would be granted on the basis of whether a person was vaccinated for COVID-19 or not and granted an interim relief.
The petitioner in his plea had argued that the RTI information furnished by Ministry of Health & Family Welfare states that getting vaccination for COVID-19 was not compulsory but a voluntary action on part of an individual and that the impugn clause of the order interferes with article 19(1)(d) of the Indian Constitution which provide the right to freely move throughout the territory of India.
The State Government defended its order stating that the classification ame under the reasonable restriction as number of COVID-19 cases were rising in the state and it was issued with the objective to curb the rate through vaccination.
The court observed that there was no evidence in public domain that COVID-19 vaccinated persons would not be infected with the virus or could be the carrier of the virus or its spreader and that the classification was not based on intelligible differentia nor had any nexus with curbing COVID-19.
Thus, the court granted an interim relief by staying the order and issued a notice in the matter returnable on 28th July, 2021.
REPORTED BY – SAMRIDHI ANAND.


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Manish Tiwari

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