In a recent case that was brought up by Isha, who is a history lecturer at a government girls’ senior secondary school, who wanted the freedom to attend class, record attendance, carry out her teaching duties, and other responsibilities assigned to her without being forced to take a vaccine, the Delhi High Court recently directed that the employer cannot insist on the Covid 19 vaccination.
Teacher had permission of representing to the relevant authority:
The teacher was given permission to make a representation to the relevant authority in relation to the service benefits by a bench of Justice Prathiba M. Singh, who also directed the authority to make a decision within the period of 30 days.
The decision was made in response to a petition which was filed by Isha, a history lecturer at a government girls’ senior secondary school, who had been asking for a declaration that she should not be forced to receive the Covid 19 vaccine in order to attend class, mark the attendance, teach the students, or carry out the other duties that have been assigned to her.
Supreme Court & Delhi High Court already addressed this issue:
The bench made a point of saying that the Supreme Court and the Delhi High Court had already addressed the topic of non-vaccination in the cases of Jacob Puliyel v. Union of India & Ors. and Narendar Kumar v. Government of National Capital Territory of Delhi, respectively.
Taking this above point into consideration, the High Court furthermore added following statement, “In view of the orders that have been mentioned above relating to similar fact situations, the present petition, along with all pending applications, is disposed of with the direction that Covid 19 vaccination cannot be insisted upon by the employer, in terms of the various orders passed above.”
