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Taking into account the fact that no one can be vaccinated compulsorily, the Gauhati High Court, Kohima Bench modified the State Government's standard operating procedures to the extent of requiring teaching and non-teaching staff to undergo compulsory testing every 15 days if they are opt-out of vaccination in light of the reopening of schools and colleges in the State. A division bench comprising Justice Songkhupchung Serto and Justice S. Hukato Swu directed the Principal Secretary Home, Government of Nagaland, to amend the relevant paragraph in the two State-issued Standard Operating Procedures, which originally stated that prior to the opening of schools and colleges, teaching and non-teaching staffs should be fully vaccinated or have received their first dose of vaccine 15 days prior to the opening. The occurrence occurred when the bench was hearing a petition seeking to amend the abovementioned SOPs to the extent that those who chose not to get vaccinated may be subjected to mandatory testing every 15 days.
The Court was hearing the aforementioned PIL in conjunction with the Court's Suo moto case in light of the recent spike of covid 19 cases in the State, as well as to monitor other aspects of the pandemic scenario. The Court noted that the State had filed an affidavit pursuant to the Court's earlier decision instructing the State Government to adopt 'pragmatic actions' to prioritise vaccination of vulnerable members of society, particularly shopkeepers and vegetable vendors. Noting, however, that the affidavit was filed on the same day as the hearing, the Court stated that it will address the aforementioned points on the next hearing date. Additionally, the Court asked the State to file an affidavit outlining actions taken to control the virus's spread and to treat those who are already sick in certain areas The Court delayed the subject for further hearing on August 18 following the aforementioned discussions. Additionally, noting that the third covid wave may be imminent if vaccination is not expedited, the Court previously urged the Centre and State Governments to make available the necessary dosages to complete immunisation within three months.
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