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2022 Supreme(Cal) 7

PRAKASH SHRIVASTAVA, RAJARSHI BHARADWAJ
Gaurav Purkayastha – Appellant
Versus
State Of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ritzu Ghoshal, Mr. Anirban Ghosh
For the Respondent:Mr. S.N. Mookherjee, Learned Advocate General, Mr. Samrat Sen, Mr. Nilotpal Chatterjee, Mr. Ayon Chakraborty, Mr. Y.J. Dastoor, Additional Solicitor General, Mr. Arijit Mazumdar

ORDER :

1. By this petition the petitioner has sought a direction to the State authorities to ensure that the physical classes of Class VIII are resume only for vaccinated children and those who are unvaccinated and born after 2007 should be permitted to attend online classes.

2. The submission of learned counsel for the petitioner is that the children who are born after 2007 are unvaccinated being out of the purview of the vaccination policy of the government and they are at the risk of the Covid infection if compelled to attend the physical classes. He has referred to the circular issued by one of the private schools i.e. DPS Megacity, Kolkata requiring physical attendance of all the students on alternate day from Class VIII from 7th of February, 2022. He submits that this circular covers even those students of Class VIII who are not vaccinated, hence exposes them to risk.

3. Learned Advocate General has vehemently opposed the petition, questioning the locus of the petitioner, by submitting that the petitioner is neither a parent of student or a student who will be affected by reopening of the physical classes nor he is an educationist connected with education but he is a person res

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