Employer Can’t Insist For Covid Vax: Delhi HC Gives Relief To School Teacher

The Delhi High Court, while disposing of all pending applications relating to coercion of Covid-19 vaccine to employees, directed that “it cannot be insisted upon by the employer”.

A single-judge bench of Justice Pratibha M. Singh was hearing a plea by a government school teacher seeking permission to teach and perform other responsibilities without being forced to take the vaccine.

The bench granted relief allowing the petitioner to make a representation to the concerned authority for service benefits and directed that a decision on the same be taken within 30 days.

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Earlier, Jacob Puliel v. Union of India And in another case, the Supreme Court had given a judgment that it is a person’s right to refuse any medical treatment, so far as his own health is concerned.

In another order passed by a coordinate bench in Narendra Kumar v Government of the National Capital Territory of Delhi, the city government had also submitted that no company was required to make vaccination mandatory, and that all employees Was allowed to return to his job without requisition.

Relying on the aforesaid orders, the court said: “In view of the aforesaid orders relating to similar fact situations, the present petition, along with all the pending applications, stand disposed of with the direction that the COVID-19 vaccination cannot be taken up. It has been insisted upon by the employer with reference to the various orders passed.”

Counsel for the teacher submitted that the representation regarding service benefits was made on June 14, 2022.

In response, the court directed that a fresh covering letter along with a copy of the same be forwarded to the authorities within a week.

The teacher, who taught history at Government Girls Senior Secondary School, New Usmanpur, Gautam Puri, under the Directorate of Education, Government of Delhi, had moved the court in 2021 and has now been vaccinated.

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(This story has not been edited by News18 staff and is published from a syndicated news agency feed)