Delhi HC Issues Notice On Plea Challenging Decision Not To Permit Teachers, Staff Working In City Schools Without Vaccination

The Delhi High Court has issued notice on a plea challenging the decision of Delhi Government not to permit teachers and staff working in the city schools to attend the schools in case they fail to get themselves vaccinated by October 15.

The plea, filed by a teacher working in a private aided school, challenges the circulars dated August 9 and September 29 according to which absence of such teachers and staff members was directed to be treated as leave.

Justice Rekha Palli sought response of the Delhi Government and the Centre through Ministry of Health and Family Welfare and listed the matter for further hearing on February 3, 2022. 

"Counter affidavit, if any, be filed within six weeks. Rejoinder thereto, if any, be filed within four weeks thereafter," the Court ordered.

It is the petitioner's case that due to the reason of suffering from a number of medical ailments, he has not been taking any allopathic treatment for the last many years.

Accordingly, he prayed that he ought to be granted exemption from taking the vaccination on medical grounds.

On the other hand, the Delhi Government as well as the Centre defended the two impugned circulars and submitted that recently requests were received from the parents of even primary school children to reopen the school at the earliest and therefore, if due precautions are not taken by vaccinating the entire school staff including all the teachers, it could once again lead to spread of COVID-19.

During the previous course of hearing, the petitioner was granted one week's time to place on record additional documents alongwith an additional affidavit to show as to whether there was any medical opinion to support his plea that he is likely to suffer adverse effects in case he gets vaccinated or takes any allopathic treatment. 

"Though the petitioner has not filed any additional documents despite opportunity, keeping in view the fact that this Court is already examining this aspect in W.P.(C) 11845/2021. Issue notice," the Court ordered on Friday. 

The matter will now be heard on February 3. 

Case Title: DR RAVINDER PARTAP v. GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI & ORS.

Click Here To Read Order