SANIL NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The questions involved in these writ petitions are identical and they are, therefore, disposed of by this common judgment. Parties and documents are referred to in this judgment, unless otherwise mentioned, as they appear in W.P. (C) No.21463 of 2021.

(2.) On 17.09.2021, the Government in the Higher Education Department, having regard to the fact that the restrictions imposed in connection with the prevention of Covid-19 pandemic have been substantially relaxed, ordered to open the higher education institutions including professional colleges in the State with effect from 04.10.2021 for the final year graduate students and post graduate students subject to the conditions stipulated therein. In the light of the said Government Order, the Director of Collegiate Education, the first respondent, issued Ext.P1 circular on 01.10.2021 directing that students, teachers and other staff members who have taken two doses of Covid-19 vaccine or one dose of the vaccine before two weeks and those who have recovered from Covid-19 infection within the previous 90 days, shall be permitted to enter the educational institutions and their hostels. It is clarified, however, in Ext.P1 circular that those who are unable to take the vaccine on account of the health issues can also enter the educational institutions and their hostels on production of medical certificates, indicating their inability to take the vaccine.

(3.) On 02.10.2021, the second respondent, the Chairman of the Executive Committee of the State Disaster Management Authority issued Ext.P2 order in exercise of the powers under Section 20(3) of the Disaster Management Act, 2005 directing, among others, that regular classes in colleges and training institutions can be commenced with effect from 18.10.2021 for students who have taken two doses of the vaccine by engaging teachers/trainers/other staff who have taken two doses of the vaccine.