1. Classification Between Vaccinated And Unvaccinated Persons For Issuance Of Temporary Permits For Developmental Works Violates Art. 14, 19 & 21: Gauhati High Court
The Gauhati High Court, Itanagar Bench on Monday held that the classification between vaccinated and unvaccinated persons for issuance of temporary permits for developmental works in both public and private sector in the State of Arunachal Pradesh violates Art. 14, 19 (1) (d) & 21.
A single judge bench comprising of Justice Nani Tagia stayed the operation of an order issued by the Government of Arunachal Pradesh stating that temporary permits for developmental works in both public and private sector in the State may be issued on a condition that such persons are vaccinated for Covid-19.
While issuing notice in the plea, the Court granted an interim relief after observing thus: "It prima facie appears to this Court that Clause 11 of the Order dated 30.06.2021.. 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."
Furthermore, it said: "The Order in so far it discriminates between Covid-19 vaccinated persons and Covid-19 unvaccinated persons for issuance of temporary permits for developmental works in both public and private sector in the State of Arunachal Pradesh, shall remain stayed."
Source: Bar & Bench
2. Supreme Court Disapproves Practice Of Delayed Filing Of Review Petition After Judges Retire
The Supreme Court has disapproved the practise of delayed filing of review petitions after waiting for judges to retire.
"Such practice must be firmly disapproved to preserve the institutional sanctity of the decision making of this Court", the bench comprising Justices DY Chandrachud and MR Shah remarked while dismissing the review petitions filed against the judgment inGoa Foundation vs Sesa Sterlite Limited.
The bench comprising Justices Madan B Lokur and Deepak Gupta had delivered the judgment on on 7 February 2018. The State of Goa preferred its four review petitions in the month of November 2019 and Vedanta Limited preferred its four review petitions in the month of August 2020.
While considering these review petition, the court noted that, in accordance with Rule 2 of Order XLVII of the Supreme Court Rules, 2013, an application for review of a judgement has to be filed within thirty days of the date of the judgement or order that is sought to be reviewed.
No cogent grounds have been furnished for the delay between 20 and 26 months by the two parties in filing their applications for review, the Court said.The bench then took note of the retirement dates of the judges who passed this judgment challenged in review.
"The judges comprising the two-judge bench in Goa Foundation II, Justices Madan B Lokur and Deepak Gupta, retired from this Court on 30 December 2018 and 6 May 2020, respectively. The State of Goa preferred its four review petitions in the month of November 2019, after Justice Madan B Lokur's retirement, while Vedanta Limited preferred its four review petitions in the month of August 2020, right after Justice Deepak Gupta's retirement. Such practise must be firmly disapproved to preserve the institutional sanctity of the decision making of this Court. The review petitioners were aware of the decision of this Court.", the court said.
Source: Bar & Bench
3. Supreme Court Dismisses Plea Seeking Postponement Of CLAT, Direct Authorities To Not Insist On COVID Vaccination
The Supreme Court has refused to postpone the Common Law Admission Test (CLAT) 2021 scheduled to be held on July 23.
A Division Bench of Justice Nageswara Rao and Justice Aniruddha Bosehas directed that all safety measures have to be strictly followed and Authorities should not insist on Students taking vaccination
"Its been submitted that it will be difficult for students residing in areas of lockdown to take the exam. The examination is scheduled to be held on July 23rd and we don't deem it proper to postpone the exam at this stage. However, we see force in submission that all safety measures have to be strictly followed. Authorities should not insist on Students taking vaccination." the Bench said
The Bench noted in its order "A notice was issued by Consortium of NLU's on 14 June by which date of CLAT for both UG and PG exams was fixed on 23rd July. According to notification, the exam would be a pen and paper conducted at Centres with Covid safety protocols. The candidates were advised to get themselves vaccinated. Thereafter 30th June notification updated the test Centre."
The Bench added, "Petitioners have challenged 14th June notification. Petitioner counsels have submitted that its necessary that certain precautions are taken to protect health. Its been submitted that its impossible for students to get vaccinated as most are below 18 years of age."
The Bench has issued the direction in two pleas filed seeking postponement of the upcoming CLAT exam. The plea also sought directions for devising an alternate and secure method of conducting the examination, or defer the exam till the COVID situation in the country normalizes.
Source: Bar & Bench
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