Employer can’t insist for Covid vaccination, says Delhi HC

edited by: Pathikrit Sen Gupta

Last Update: January 26, 2023, 01:49 AM IST

The court also said that in any case the teacher has now been vaccinated.  (Representational Image/Reuters)

The court also said that in any case the teacher has now been vaccinated. (Representational Image/Reuters)

The court was hearing a plea by a teacher who declared that he should be allowed to go to school, teach and perform other responsibilities without being forced to take the Covid vaccine.

The Delhi High Court recently directed that Covid-19 vaccination cannot be insisted upon by the employer in a petition filed by a school teacher, which includes allowing her to go to school, mark attendance, teach without forcing her to take the vaccine. Freedom to operate and determine other responsibilities has been sought. ,

A bench of Justice Pratibha M Singh allowed the teacher to make a representation to the concerned authority regarding service benefits and asked the authority to take a decision within 30 days.

The order has been passed in a petition filed by Government Girls Senior Secondary School history lecturer Isha, seeking a declaration that she will be allowed to attend school, teach and perform other responsibilities without being forced to take the Covid vaccine. should be allowed.

The bench noted that the issue relating to non-vaccination has already been considered by the Supreme Court in Jacob Puliel v. Union of India. India & Ors., and by the Delhi High Court in Narendra Kumar Vs. Govt. of National Capital Territory of Delhi.

Taking this into account, the High Court said, “In view of the aforesaid orders relating to similar fact situations, the present petition, along with all the pending applications, is disposed of with the direction that COVID-19 vaccination cannot be insisted upon” Is.” Employer, with reference to the various orders passed above.”

Along with this, the bench also said that anyway now the teacher has also been vaccinated. Therefore, the bench said that only the remaining issues in the petition pertain to service benefits. On this, the court asked the concerned authorities to take a decision on the issue of service benefits within 30 days.

All pending applications in the case were disposed of by the court, which ruled that employers cannot “insist” that employees receive vaccinations.

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