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A Supreme Court bench of Justices Chandrachud and Surya Kant today upheld a Government Order (GO) issued by State of Karnataka mandating Covid19 vaccination for students and staff for physical attendance at educational institutions. 

Court said that this is one such case wherein it would not interfere. 

The GO has stated that, “no students, teachers and non-teaching staff who have not received (COVID-19) vaccination can be permitted to attend the colleges where students gather in large number and risk their lives.”

The bench was hearing an appeal against the order of Karnataka High Court, wherein the petitioners challenged the order issued by Karnataka Government on July 16, 2021 contending that it is violative of fundamental rights as guaranteed under Articles 14 and 19 (1) (g) of the Constitution. The Karnataka High Court had upheld it. 
The petitioners who are students and teachers of  Ayurveda college pleaded that the circular is coercive in nature and further submitted that the World Health Organisation (WHO) has held that the vaccination does not prevent the spread of the disease from person to person and hence has little potential of stopping the pandemic or preservation of public health.

A Division bench of the Karnataka High Court held that “no student (18 years and above), teacher or staff can be permitted to attend school or college unless they have received at least one dose of Covid-19 vaccine.”

When the matter came up for hearing before the Supreme Court, the court asked the counsel for petitioner as to why they don’t intend to get vaccinated.

The counsel for the petitioner, Anas Tanwir, replied to the question of the court stating that the petitioners do not believe in allopathic system as medicine and they only believe in Ayurveda. He further urged the court to consider the plea of the petitioner.

Justice Chandrachud, speaking for the bench, remarked that the court does not wish to interfere in certain matters and larger interest of the public will be seen. The court further dismissed the plea of the petitioner.

Case title: Sushma Aradhya Vs State of Karnataka