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Justice Rakha Palli of Delhi High Court on 12.10.2021 heard a plea by a a teacher in a private aided school seeking  the quashing of a circular by Education Department which makes it mandatory for all teachers and school staff to be vaccinated.

The circular further mentions that in the event of them not being vaccinated by 15.09.2021, they will not be permitted to attend the school and their absence will be treated as leave.

According to the petition, the petitioner was diagnosed with hand dystonia in 2018. Despite taking allopathic drugs, his condition could not be cured, it in fact worsened his condition. Since allopathic drugs were not suiting him, he resorted to alternative methods of treatment  such as Ayurvedic medicines, this way his health started improving.

The petition says that says that the petitioner was diagnosed with COVID-19 pandemic in 18.04.2021, however got himself cured of this without using any allopathic medicine and solely relying on natural methods of treatment.

The Education department vide a circular dated 09.08.2021 directed all the heads to school to ensure vaccination of all members including guests and contractual faculty

The petitioner, despite this did not get himself vaccinated, he was served with a show cause notice on 31.08.2021 from the head of the school as to why he had not gotten himself vaccinated.

In reply to the show cause notice, the petition on 01.09.2021 informed the head of the school that in the guidelines issued by the Government of India the vaccination is voluntary and not mandatory. The petitioner states that on 29.09.2021, the petitioner was called by his school authorities, citing that he had not been vaccinated yet, it was informed to him that he would not be allowed to attend the school and his leave would be treated as absence.

The petitioner states that this was harassment and the experience was nothing but an act of coercion to get him vaccinated despite his health condition. The petitioner seeks relief against Government of Delhi, Education Department and the School to not force the petitioner to take the vaccination as they same may be harmful to his heart and quash the circular in order to permit the unvaccinated to attend school and declare it illegal to treat the absence as leave.

When the matter came up for hearing the government contended that requests have been received from the parents of children studying even in primary schools to reopen the schools at the earliest possible time. Hence upon opening of these schools, if due precautions are not taken by vaccinating the entire school staff including the teachers, it could once again lead to spread of COVID-19.

The court asked the counsel for the petition to obtain a medical opinion to support his claim that he is likely suffer adverse effects in case he gets vaccinated or takes allopathic treatment. The petitioner has sough time to submit the same.

The matter is now listed on 22.10.2021.

Abhimanyu Yadav appeared for the petitioner.

Case title: Dr. Ravinder Pratat Vs Government of NCT, Delhi